CS/HB 5101

1	A bill to be entitled
2	An act relating to prekindergarten through grade 12
3	education funding; amending s. 212.055, F.S.; deleting the
4	requirement that a district school board imposing the
5	school capital outlay surtax implement a freeze on
6	noncapital local school property taxes; amending s.
7	216.292, F.S.; deleting provisions relating to the
8	transfer of certain funds for class size reduction;
9	amending s. 1001.451, F.S.; revising provisions relating
10	to the appropriation of funds for regional consortium
11	service organizations; amending s. 1002.32, F.S.; revising
12	and correcting a calculation relating to funding for lab
13	school operating purposes; amending s. 1002.33, F.S.;
14	providing that certain capital outlay funds shared with a
15	charter school-in-the-workplace have met expenditure
16	requirements; revising provisions relating to the
17	withholding of an administrative fee for provision of
18	services by the sponsor of a charter school; amending s.
19	1002.37, F.S.; revising and correcting a calculation
20	relating to funding for Florida Virtual School operating
21	purposes; amending s. 1002.39, F.S.; revising provisions
22	relating to private school documentation for quarterly
23	scholarship payments under the John M. McKay Scholarships
24	for Students with Disabilities Program; amending s.
25	1002.45, F.S.; providing additional conditions by which a
26	student may become eligible to enroll in a school district
27	virtual instruction program; requiring district school
28	boards to develop plans for meeting class size
29	requirements; requiring public hearings; prohibiting
30	certain campaigning; amending s. 1003.03, F.S., contingent
31	on voter approval of a joint resolution that provides that
32	the current limits on the maximum number of students
33	assigned to each teacher in public school classrooms would
34	become limits on the average number of students assigned
35	per class to each teacher by specified grade grouping in
36	each public school beginning with the 2010-2011 school
37	year; conforming requirements for maximum class size to
38	the joint resolution; providing for Department of
39	Education calculations for implementation; providing an
40	additional implementation option; providing for a
41	reduction in a school district's class-size-reduction
42	operating categorical allocation if a school district's
43	class size exceeds the class size maximums; providing for
44	contingent and retroactive effect; amending s. 1003.03,
45	F.S., contingent on the voters not approving a joint
46	resolution that provides that the current limits on the
47	maximum number of students assigned to each teacher in
48	public school classrooms would become limits on the
49	average number of students assigned per class to each
50	teacher by specified grade grouping in each public school
51	beginning with the 2010-2011 school year; providing for
52	Department of Education calculations for implementation;
53	providing an additional implementation option; providing
54	for a reduction in a school district's class-size-
55	reduction operating categorical allocation if a school
56	district's class size exceeds the class size maximums;
57	providing for contingent and retroactive effect; creating
58	s. 1003.572, F.S.; requiring each district school board to
59	annually report information relating to gifted students
60	and the education services provided to such students;
61	requiring the State Board of Education to adopt rules;
62	creating s. 1006.281, F.S.; encouraging school districts
63	to have access to electronic learning management systems
64	with certain functionality; amending s. 1006.29, F.S.;
65	revising items considered instructional materials for
66	purposes of state adoption; providing that certain
67	instructional materials shall be available as separate and
68	unbundled items; amending s. 1006.33, F.S.; requiring that
69	certain instructional materials shall primarily be adopted
70	and delivered in electronic format; providing for
71	electronic samples of instructional materials; amending s.
72	1006.34, F.S.; authorizing the Commissioner of Education
73	to add instructional materials to the list of
74	recommendations of state instructional materials
75	committees in certain circumstances; amending s. 1006.40,
76	F.S.; revising provisions relating to the use of
77	allocations for instructional materials; amending s.
78	1007.27, F.S.; providing that certain students shall be
79	deemed authorized users of specified state-funded
80	electronic library resources; requiring the State Board of
81	Education and the Board of Governors to adopt rules;
82	amending s. 1011.62, F.S.; providing for the expenditure
83	of funds appropriated for the International Baccalaureate
84	Program; revising the calculation of and appropriation for
85	additional full-time equivalent membership for students
86	who complete an industry-certified career and professional
87	academy program; revising calculations for school district
88	required local effort; revising provisions relating to the
89	transfer of categorical funds for certain purposes;
90	providing requirements for the use of categorical funds
91	for the purchase of technological equipment; revising the
92	calculation for determination of the sparsity supplement;
93	providing a restriction on certain calculations for
94	allocation of state funds to a school district for current
95	operation; amending s. 1011.67, F.S.; deleting certain
96	requirements for distribution of funds for instructional
97	materials to school districts; amending s. 1011.68, F.S.;
98	revising a calculation for allocation of funds for student
99	transportation to school districts; amending s. 1011.71,
100	F.S.; requiring that the levy of certain school district
101	millage must be approved by voters at specified elections;
102	providing restrictions; amending s. 1011.73, F.S.;
103	correcting a cross-reference; amending s. 1012.55, F.S.;
104	authorizing positions for which certification is required
105	for personnel who provide instruction to students through
106	a virtual environment or through a blended virtual and
107	physical environment; amending s. 1013.62, F.S.;
108	authorizing capital outlay funding for a charter school-
109	in-the-workplace; providing effective dates.
110
111	Be It Enacted by the Legislature of the State of Florida:
112
113	Section 1.  Paragraphs (d) and (e) of subsection (6) of
114	section 212.055, Florida Statutes, are amended to read:
115	212.055  Discretionary sales surtaxes; legislative intent;
116	authorization and use of proceeds.-It is the legislative intent
117	that any authorization for imposition of a discretionary sales
118	surtax shall be published in the Florida Statutes as a
119	subsection of this section, irrespective of the duration of the
120	levy. Each enactment shall specify the types of counties
121	authorized to levy; the rate or rates which may be imposed; the
122	maximum length of time the surtax may be imposed, if any; the
123	procedure which must be followed to secure voter approval, if
124	required; the purpose for which the proceeds may be expended;
125	and such other requirements as the Legislature may provide.
126	Taxable transactions and administrative procedures shall be as
127	provided in s. 212.054.
128	(6)  SCHOOL CAPITAL OUTLAY SURTAX.-
129	(d)  Any school board imposing the surtax shall implement a
130	freeze on noncapital local school property taxes, at the millage
131	rate imposed in the year prior to the implementation of the
132	surtax, for a period of at least 3 years from the date of
133	imposition of the surtax. This provision shall not apply to
134	existing debt service or taxes authorized in the General
135	Appropriations Act.
136	(d)(e)  Surtax revenues collected by the Department of
137	Revenue pursuant to this subsection shall be distributed to the
138	school board imposing the surtax in accordance with law.
139	Section 2.  Paragraph (d) of subsection (2) of section
140	216.292, Florida Statutes, is amended to read:
141	216.292  Appropriations nontransferable; exceptions.-
142	(2)  The following transfers are authorized to be made by
143	the head of each department or the Chief Justice of the Supreme
144	Court whenever it is deemed necessary by reason of changed
145	conditions:
146	(d)  The transfer of funds by the Executive Office of the
147	Governor from appropriations for public school operations to a
148	fixed capital outlay appropriation for class size reduction
149	based on recommendations of the Florida Education Finance
150	Program Appropriation Allocation Conference or the Legislative
151	Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
152	Governor under this subsection are subject to the notice and
153	review provisions of s. 216.177.
154	Section 3.  Paragraph (c) of subsection (2) of section
155	1001.451, Florida Statutes, is amended to read:
156	1001.451  Regional consortium service organizations.-In
157	order to provide a full range of programs to larger numbers of
158	students, minimize duplication of services, and encourage the
159	development of new programs and services:
160	(2)
161	(c)  Notwithstanding paragraph (a), the appropriation for
162	the 2009-2010 fiscal year may be less than $50,000 per school
163	district and eligible member. if the amount appropriated is
164	insufficient to provide $50,000, the funds available must be
165	prorated among all eligible districts and members. This
166	paragraph expires July 1, 2010.
167	Section 4.  Paragraphs (d) and (e) of subsection (9) of
168	section 1002.32, Florida Statutes, are amended to read:
169	1002.32  Developmental research (laboratory) schools.-
170	(9)  FUNDING.-Funding for a lab school, including a charter
171	lab school, shall be provided as follows:
172	(d)  Each lab school shall receive funds for operating
173	purposes in an amount determined as follows: multiply the
174	maximum allowable nonvoted discretionary millage for operations
175	pursuant to s. 1011.71(1) and (3) by the value of 96 95 percent
176	of the current year's taxable value for school purposes for the
177	district in which each lab school is located; divide the result
178	by the total full-time equivalent membership of the district;
179	and multiply the result by the full-time equivalent membership
180	of the lab school. The amount thus obtained shall be
181	discretionary operating funds and shall be appropriated from
182	state funds in the General Appropriations Act to the Lab School
183	Trust Fund.
184	(e)  Each lab school shall receive funds for capital
185	improvement purposes in an amount determined as follows:
186	multiply the maximum allowable nonvoted discretionary millage
187	for capital improvements pursuant to s. 1011.71(2) by the value
188	of 96 95 percent of the current year's taxable value for school
189	purposes for the district in which each lab school is located;
190	divide the result by the total full-time equivalent membership
191	of the district; and multiply the result by the full-time
192	equivalent membership of the lab school. The amount thus
193	obtained shall be discretionary capital improvement funds and
194	shall be appropriated from state funds in the General
195	Appropriations Act to the Lab School Educational Facility Trust
196	Fund.
197	Section 5.  Subsection (19) and paragraph (a) of subsection
198	(20) of section 1002.33, Florida Statutes, are amended to read:
199	1002.33  Charter schools.-
200	(19)  CAPITAL OUTLAY FUNDING.-Charter schools are eligible
201	for capital outlay funds pursuant to s. 1013.62. Capital outlay
202	funds authorized in s. 1011.71(2) that have been shared with a
203	charter school-in-the-workplace prior to July 1, 2010, are
204	deemed to have met the authorized expenditure requirements for
205	such funds.
206	(20)  SERVICES.-
207	(a)  A sponsor shall provide certain administrative and
208	educational services to charter schools. These services shall
209	include contract management services; full-time equivalent and
210	data reporting services; exceptional student education
211	administration services; services related to eligibility and
212	reporting duties required to ensure that school lunch services
213	under the federal lunch program, consistent with the needs of
214	the charter school, are provided by the school district at the
215	request of the charter school, that any funds due to the charter
216	school under the federal lunch program be paid to the charter
217	school as soon as the charter school begins serving food under
218	the federal lunch program, and that the charter school is paid
219	at the same time and in the same manner under the federal lunch
220	program as other public schools serviced by the sponsor or the
221	school district; test administration services, including payment
222	of the costs of state-required or district-required student
223	assessments; processing of teacher certificate data services;
224	and information services, including equal access to student
225	information systems that are used by public schools in the
226	district in which the charter school is located. Student
227	performance data for each student in a charter school,
228	including, but not limited to, FCAT scores, standardized test
229	scores, previous public school student report cards, and student
230	performance measures, shall be provided by the sponsor to a
231	charter school in the same manner provided to other public
232	schools in the district. A total administrative fee for the
233	provision of such services shall be calculated based upon up to
234	5 percent of the available funds defined in paragraph (17)(b)
235	for all students. However, a sponsor may only withhold up to a
236	5-percent administrative fee for enrollment for up to and
237	including 250 500 students. For charter schools with a
238	population of 251 501 or more students, the difference between
239	the total administrative fee calculation and the amount of the
240	administrative fee withheld may only be used for capital outlay
241	purposes specified in s. 1013.62(2). Each charter school shall
242	receive 100 percent of the funds awarded to that school pursuant
243	to s. 1012.225. Sponsors shall not charge charter schools any
244	additional fees or surcharges for administrative and educational
245	services in addition to the maximum 5-percent administrative fee
246	withheld pursuant to this paragraph.
247	Section 6.  Paragraph (f) of subsection (3) of section
248	1002.37, Florida Statutes, is amended to read:
249	1002.37  The Florida Virtual School.-
250	(3)  Funding for the Florida Virtual School shall be
251	provided as follows:
252	(f)  The Florida Virtual School shall receive funds for
253	operating purposes in an amount determined as follows: multiply
254	the maximum allowable nonvoted discretionary millage for
255	operations pursuant to s. 1011.71(1) and (3) by the value of 96
256	95 percent of the current year's taxable value for school
257	purposes for the state; divide the result by the total full-time
258	equivalent membership of the state; and multiply the result by
259	the full-time equivalent membership of the school. The amount
260	thus obtained shall be discretionary operating funds and shall
261	be appropriated from state funds in the General Appropriations
262	Act.
263	Section 7.  Paragraph (b) of subsection (8) of section
264	1002.39, Florida Statutes, is amended to read:
265	1002.39  The John M. McKay Scholarships for Students with
266	Disabilities Program.-There is established a program that is
267	separate and distinct from the Opportunity Scholarship Program
268	and is named the John M. McKay Scholarships for Students with
269	Disabilities Program.
270	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.-To be
271	eligible to participate in the John M. McKay Scholarships for
272	Students with Disabilities Program, a private school may be
273	sectarian or nonsectarian and must:
274	(b)  Provide to the department all documentation required
275	for a student's participation, including the private school's
276	and student's fee schedules, at least 30 days before any the
277	first quarterly scholarship payment is made for the student
278	pursuant to paragraph (10)(e). A student is not eligible to
279	receive a quarterly scholarship payment if the private school
280	fails to meet this deadline.
281
282	The inability of a private school to meet the requirements of
283	this subsection shall constitute a basis for the ineligibility
284	of the private school to participate in the scholarship program
285	as determined by the department.
286	Section 8.  Paragraphs (d) and (e) are added to subsection
287	(5) of section 1002.45, Florida Statutes, to read:
288	1002.45  School district virtual instruction programs.-
289	(5)  STUDENT ELIGIBILITY.-A student may enroll in a virtual
290	instruction program provided by the school district in which he
291	or she resides if the student meets at least one of the
292	following conditions:
293	(d)  The student has a sibling who is currently enrolled in
294	a school district virtual instruction program and that sibling
295	was enrolled in such program at the end of the prior school
296	year.
297	(e)  The student's parent provides a notarized statement
298	from a physician licensed under chapter 458 or chapter 459 who
299	is treating the student's disability or medical condition which
300	certifies that the student's welfare or the welfare of other
301	students in the classroom will be jeopardized if the student is
302	required to regularly attend class in a physical classroom
303	setting. The notarized statement must be:
304	1.  Provided to the department at least 60 days prior to
305	enrollment of the student in the school district virtual
306	instruction program and at least 60 days prior to the beginning
307	of a new school year annually thereafter.
308	2.  Based on an annual review of the student's disability
309	or medical condition by the physician treating the student's
310	disability or medical condition.
311	Section 9.  School district planning for meeting class size
312	requirements.-
313	(1)  For school year 2010-2011, each district school board
314	shall develop the following two plans:
315	(a)  A plan based on the current requirements of s. 1, Art.
316	IX of the State Constitution to be implemented at the beginning
317	of the school year and continued if Senate Joint Resolution 2 or
318	House Joint Resolution 7039, amending s. 1, Art. IX of the State
319	Constitution, is not approved at the 2010 general election.
320	(b)  A contingency plan based on the requirements of Senate
321	Joint Resolution 2 or House Joint Resolution 7039, amending s.
322	1, Art. IX of the State Constitution, to be implemented at the
323	discretion of the district school board if Senate Joint
324	Resolution 2 or House Joint Resolution 7039 is approved at the
325	2010 general election.
326	(2)  Prior to the adoption of the district school budget
327	for 2010-2011, each district school board shall hold public
328	hearings and provide information to parents on the district's
329	website, and through any other means by which the district
330	provides information to parents and the public, on the
331	district's plans required in subsection (1), including, but not
332	limited to:
333	(a)  A review of school attendance zones in order to ensure
334	maximum use of facilities while minimizing the additional use of
335	transportation in order to comply with the class size
336	requirements.
337	(b)  The impact on the district's budget for the district
338	to comply with the class size requirements.
339	(c)  The potential impact on the district's budget if the
340	district fails to comply with the class size requirements.
341	(3)  School districts that are in compliance with the class
342	size requirements in s. 1, Art. IX of the State Constitution as
343	of the 2009-2010 school year are exempt from the requirements of
344	this section.
345	(4)  Nothing in this section may be construed to allow
346	school districts to campaign for or against Senate Joint
347	Resolution 2 or House Joint Resolution 7039 submitted to the
348	electors at the 2010 general election. School districts must
349	comply with the requirements of s. 106.113, Florida Statutes, to
350	meet the requirements of this subsection.
351	Section 10.  Upon approval by the electors of Senate Joint
352	Resolution 2 or House Joint Resolution 7039 in the 2010 general
353	election and retroactive to the beginning of the 2010-2011
354	school year, subsections (1) through (4) of section 1003.03,
355	Florida Statutes, are amended to read:
356	1003.03  Maximum class size.-
357	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.-Pursuant to s. 1,
358	Art. IX of the State Constitution, beginning in the 2010-2011
359	school year:
360	(a)  The average number of students at the school level
361	assigned to each teacher who is teaching core-curricula courses
362	in public school classrooms for prekindergarten through grade 3
363	may not exceed 18 students and the maximum number of students
364	assigned to a teacher in an individual classroom may not exceed
365	21 students.
366	(b)  The average number of students at the school level
367	assigned to each teacher who is teaching core-curricula courses
368	in public school classrooms for grades 4 through 8 may not
369	exceed 22 students and the maximum number of students assigned
370	to a teacher in an individual classroom may not exceed 27
371	students.
372	(c)  The average number of students at the school level
373	assigned to each teacher who is teaching core-curricula courses
374	in public school classrooms for grades 9 through 12 may not
375	exceed 25 students and the maximum number of students assigned
376	to a teacher in an individual classroom may not exceed 30
377	students.
378	(a)  The maximum number of students assigned to each
379	teacher who is teaching core-curricula courses in public school
380	classrooms for prekindergarten through grade 3 may not exceed 18
381	students.
382	(b)  The maximum number of students assigned to each
383	teacher who is teaching core-curricula courses in public school
384	classrooms for grades 4 through 8 may not exceed 22 students.
385	(c)  The maximum number of students assigned to each
386	teacher who is teaching core-curricula courses in public school
387	classrooms for grades 9 through 12 may not exceed 25 students.
388	(2)  IMPLEMENTATION.-
389	(a)  The Department of Education shall calculate the 2010-
390	2011 class size as described in subsection (1) based upon the
391	February 2011 student membership survey. The calculation for
392	compliance for each of the three grade groupings shall be the
393	number of students assigned to each teacher in an individual
394	classroom. Each teacher assigned to an individual classroom
395	shall be included in the calculation for compliance.
396	(b)  Effective with the beginning of the 2011-2012 school
397	year, and annually thereafter, the Department of Education shall
398	calculate class size as described in subsection (1) based on the
399	October student membership survey. The calculation for
400	compliance for each of the three grade groupings shall be the
401	number of students assigned to each teacher in an individual
402	classroom. Each teacher assigned to an individual classroom
403	shall be included in the calculation for compliance.
404	(a)  Beginning with the 2003-2004 fiscal year, each school
405	district that is not in compliance with the maximums in
406	subsection (1) shall reduce the average number of students per
407	classroom in each of the following grade groupings:
408	prekindergarten through grade 3, grade 4 through grade 8, and
409	grade 9 through grade 12, by at least two students each year.
410	(b)  Determination of the number of students per classroom
411	in paragraph (a) shall be calculated as follows:
412	1.  For fiscal years 2003-2004 through 2005-2006, the
413	calculation for compliance for each of the 3 grade groupings
414	shall be the average at the district level.
415	2.  For fiscal years 2006-2007 through 2009-2010, the
416	calculation for compliance for each of the 3 grade groupings
417	shall be the average at the school level.
418	3.  For fiscal year 2010-2011 and thereafter, the
419	calculation for compliance shall be at the individual classroom
420	level.
421	4.  For fiscal years 2006-2007 through 2009-2010 and
422	thereafter, each teacher assigned to any classroom shall be
423	included in the calculation for compliance.
424	(c)  The Department of Education shall annually calculate
425	each of the three average class size measures defined in
426	paragraphs (a) and (b) based upon the October student membership
427	survey. For purposes of determining the baseline from which each
428	district's average class size must be reduced for the 2003-2004
429	school year, the department shall use data from the February
430	2003 student membership survey updated to include classroom
431	identification numbers as required by the department.
432	(d)  Prior to the adoption of the district school budget
433	for 2004-2005, each district school board shall hold public
434	hearings to review school attendance zones in order to ensure
435	maximum use of facilities while minimizing the additional use of
436	transportation in order to comply with the two-student-per-year
437	reduction required in paragraph (a). School districts that meet
438	the constitutional class size maximums described in subsection
439	(1) are exempt from this requirement.
440	(3)  IMPLEMENTATION OPTIONS.-District school boards must
441	consider, but are not limited to, implementing the following
442	items in order to meet the constitutional class size maximums
443	described in subsection (1) and the two-student-per-year
444	reduction required in subsection (2):
445	(a)  Adopt policies to encourage qualified students to take
446	dual enrollment courses.
447	(b)  Adopt policies to encourage students to take courses
448	from the Florida Virtual School or participate in the school
449	district virtual instruction program.
450	(c)1.  Repeal district school board policies that require
451	students to have more than 24 credits to graduate from high
452	school.
453	2.  Adopt policies to allow students to graduate from high
454	school as soon as they pass the grade 10 FCAT and complete the
455	courses required for high school graduation.
456	(d)  Use methods to maximize use of instructional staff,
457	such as changing required teaching loads and scheduling of
458	planning periods, deploying district employees that have
459	professional certification to the classroom, using adjunct
460	educators, or any other method not prohibited by law.
461	(e)  Use innovative methods to reduce the cost of school
462	construction by using prototype school designs, using SMART
463	Schools designs, participating in the School Infrastructure
464	Thrift Program, or any other method not prohibited by law.
465	(f)  Use joint-use facilities through partnerships with
466	community colleges, state universities, and private colleges and
467	universities. Joint-use facilities available for use as K-12
468	classrooms that do not meet the K-12 State Regulations for
469	Educational Facilities in the Florida Building Code may be used
470	at the discretion of the district school board provided that
471	such facilities meet all other health, life, safety, and fire
472	codes.
473	(g)  Adopt alternative methods of class scheduling, such as
474	block scheduling.
475	(h)  Redraw school attendance zones to maximize use of
476	facilities while minimizing the additional use of
477	transportation.
478	(i)  Operate schools beyond the normal operating hours to
479	provide classes in the evening or operate more than one session
480	of school during the day.
481	(j)  Use year-round schools and other nontraditional
482	calendars that do not adversely impact annual assessment of
483	student achievement.
484	(k)  Review and consider amending any collective bargaining
485	contracts that hinder the implementation of class size
486	reduction.
487	(l)  Use any other approach not prohibited by law.
488	(4)  ACCOUNTABILITY.-
489	(a)  For the 2010-2011 school year, if at the time of the
490	February 2011 student membership survey the school district's
491	class size exceeds the maximums as described in subsection (1),
492	the department shall:
493	1.  Identify, for each grade group, the number of full-time
494	equivalent students that exceeds the maximum number of students
495	assigned to any teacher in an individual class.
496	2.  Multiply the total number of full-time equivalent
497	students that exceeds the maximum class size for each grade
498	group by the district's full-time equivalent student dollar
499	amount of the class-size-reduction operating categorical
500	allocation for that year and calculate the total for all three
501	grade groups.
502	3.  Reduce the district's class-size-reduction operating
503	categorical allocation by an amount equal to the calculation in
504	subparagraph 2.
505	(b)  For the 2011-2012 school year and annually thereafter,
506	if at the time of the third Florida Education Finance Program
507	calculation a school district's class size exceeds the maximums
508	as described in subsection (1), the department shall reduce the
509	district's class-size-reduction operating categorical allocation
510	as calculated according to subparagraphs (a)1.-3.
511	(a)1.  Beginning in the 2003-2004 fiscal year, if the
512	department determines for any year that a school district has
513	not reduced average class size as required in subsection (2) at
514	the time of the third FEFP calculation, the department shall
515	calculate an amount from the class size reduction operating
516	categorical which is proportionate to the amount of class size
517	reduction not accomplished. Upon verification of the
518	department's calculation by the Florida Education Finance
519	Program Appropriation Allocation Conference and not later than
520	March 1 of each year, the Executive Office of the Governor shall
521	transfer undistributed funds equivalent to the calculated amount
522	from the district's class size reduction operating categorical
523	to an approved fixed capital outlay appropriation for class size
524	reduction in the affected district pursuant to s. 216.292(2)(d).
525	The amount of funds transferred shall be the lesser of the
526	amount verified by the Florida Education Finance Program
527	Appropriation Allocation Conference or the undistributed balance
528	of the district's class size reduction operating categorical.
529	2.  In lieu of the transfer required by subparagraph 1.,
530	the Commissioner of Education may recommend a budget amendment,
531	subject to approval by the Legislative Budget Commission, to
532	transfer an alternative amount of funds from the district's
533	class size reduction operating categorical to its approved fixed
534	capital outlay account for class size reduction if the
535	commissioner finds that the State Board of Education has
536	reviewed evidence indicating that a district has been unable to
537	meet class size reduction requirements despite appropriate
538	effort to do so. The commissioner's budget amendment must be
539	submitted to the Legislative Budget Commission by February 15 of
540	each year.
541	(c)3.  For the 2007-2008 fiscal year and thereafter, If in
542	any fiscal year funds from a district's class size operating
543	categorical are required to be reduced in accordance with
544	paragraph (a) or paragraph (b) transferred to its fixed capital
545	outlay fund and the district's class size operating categorical
546	allocation in the General Appropriations Act for that fiscal
547	year has been reduced by a subsequent appropriation, the
548	Commissioner of Education may recommend a 50-percent reduction
549	in the amount calculated in accordance with paragraph (a) or
550	paragraph (b) of the transfer.
551	(b)  Beginning in the 2010-2011 fiscal year and each year
552	thereafter, if the department determines that the number of
553	students assigned to any individual class exceeds the class size
554	maximum, as required in subsection (2), at the time of the third
555	FEFP calculation, the department shall:
556	1.  Identify, for each grade group, the number of classes
557	in which the enrollment exceeds the maximum, the number of
558	students which exceeds the maximum for each class, and the total
559	number of students which exceeds the maximum for all classes.
560	2.  Determine the number of full-time equivalent students
561	which exceeds the maximum class size for each grade group.
562	3.  Multiply the total number of FTE students which exceeds
563	the maximum class size for each grade group by the district's
564	FTE dollar amount of the class-size-reduction allocation for
565	that year and calculate the total for all three grade groups.
566	4.  Reduce the district's class-size-reduction operating
567	categorical allocation by an amount equal to the sum of the
568	calculation in subparagraph 3.
569	(d)(c)  Upon verification of the department's calculation
570	by the Florida Education Finance Program Appropriation
571	Allocation Conference and no later than March 1 of each year,
572	the Executive Office of the Governor shall place these funds in
573	reserve, and the undistributed funds shall revert to the General
574	Revenue Fund unallocated at the end of the fiscal year. The
575	amount of funds reduced shall be the lesser of the amount
576	verified by the Florida Education Finance Program Appropriation
577	Allocation Conference or the undistributed balance of the
578	district's class-size-reduction operating categorical
579	allocation.
580	(e)(d)  In lieu of the reduction calculation in paragraph
581	(a) or paragraph (b), if the Commissioner of Education has
582	evidence that a district has been unable to meet the class size
583	requirements, despite the appropriate efforts of the district,
584	due to an extreme emergency or other causes beyond the control
585	of the district, he or she may recommend a budget amendment,
586	subject to approval of the Legislative Budget Commission, to
587	reduce an alternative amount of funds from the district's class-
588	size-reduction operating categorical allocation. The
589	commissioner's budget amendment must be submitted to the
590	Legislative Budget Commission by February 15 of each year.
591	(e)  In addition to the calculation required in paragraph
592	(a), at the time of the third FEFP calculation for the 2009-2010
593	fiscal year, the department shall also prepare a simulated
594	calculation based on the requirements in paragraphs (b) and (c).
595	This simulated calculation shall be provided to the school
596	districts and the Legislature.
597	Section 11.  If the electors do not approve Senate Joint
598	Resolution 2 or House Joint Resolution 7039 in the 2010 general
599	election, subsections (2) through (4) of section 1003.03,
600	Florida Statutes, are amended, retroactive to July 1, 2010, to
601	read:
602	1003.03  Maximum class size.-
603	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.-Pursuant to s. 1,
604	Art. IX of the State Constitution, beginning in the 2010-2011
605	school year:
606	(a)  The maximum number of students assigned to each
607	teacher who is teaching core-curricula courses in public school
608	classrooms for prekindergarten through grade 3 may not exceed 18
609	students.
610	(b)  The maximum number of students assigned to each
611	teacher who is teaching core-curricula courses in public school
612	classrooms for grades 4 through 8 may not exceed 22 students.
613	(c)  The maximum number of students assigned to each
614	teacher who is teaching core-curricula courses in public school
615	classrooms for grades 9 through 12 may not exceed 25 students.
616	(2)  IMPLEMENTATION.-
617	(a)  The Department of Education shall calculate the 2010-
618	2011 class size as described in subsection (1) based upon the
619	February 2011 student membership survey. The calculation for
620	compliance for each of the three grade groupings shall be the
621	number of students assigned to each teacher in an individual
622	classroom. Each teacher assigned to an individual classroom
623	shall be included in the calculation for compliance.
624	(b)  Effective with the beginning of the 2011-2012 school
625	year, and annually thereafter, the Department of Education shall
626	calculate class size as described in subsection (1) based on the
627	October student membership survey. The calculation for
628	compliance for each of the three grade groupings shall be the
629	number of students assigned to each teacher in an individual
630	classroom. Each teacher assigned to an individual classroom
631	shall be included in the calculation for compliance.
632	(a)  Beginning with the 2003-2004 fiscal year, each school
633	district that is not in compliance with the maximums in
634	subsection (1) shall reduce the average number of students per
635	classroom in each of the following grade groupings:
636	prekindergarten through grade 3, grade 4 through grade 8, and
637	grade 9 through grade 12, by at least two students each year.
638	(b)  Determination of the number of students per classroom
639	in paragraph (a) shall be calculated as follows:
640	1.  For fiscal years 2003-2004 through 2005-2006, the
641	calculation for compliance for each of the 3 grade groupings
642	shall be the average at the district level.
643	2.  For fiscal years 2006-2007 through 2009-2010, the
644	calculation for compliance for each of the 3 grade groupings
645	shall be the average at the school level.
646	3.  For fiscal year 2010-2011 and thereafter, the
647	calculation for compliance shall be at the individual classroom
648	level.
649	4.  For fiscal years 2006-2007 through 2009-2010 and
650	thereafter, each teacher assigned to any classroom shall be
651	included in the calculation for compliance.
652	(c)  The Department of Education shall annually calculate
653	each of the three average class size measures defined in
654	paragraphs (a) and (b) based upon the October student membership
655	survey. For purposes of determining the baseline from which each
656	district's average class size must be reduced for the 2003-2004
657	school year, the department shall use data from the February
658	2003 student membership survey updated to include classroom
659	identification numbers as required by the department.
660	(d)  Prior to the adoption of the district school budget
661	for 2004-2005, each district school board shall hold public
662	hearings to review school attendance zones in order to ensure
663	maximum use of facilities while minimizing the additional use of
664	transportation in order to comply with the two-student-per-year
665	reduction required in paragraph (a). School districts that meet
666	the constitutional class size maximums described in subsection
667	(1) are exempt from this requirement.
668	(3)  IMPLEMENTATION OPTIONS.-District school boards must
669	consider, but are not limited to, implementing the following
670	items in order to meet the constitutional class size maximums
671	described in subsection (1) and the two-student-per-year
672	reduction required in subsection (2):
673	(a)  Adopt policies to encourage qualified students to take
674	dual enrollment courses.
675	(b)  Adopt policies to encourage students to take courses
676	from the Florida Virtual School or participate in the school
677	district virtual instruction program.
678	(c)1.  Repeal district school board policies that require
679	students to have more than 24 credits to graduate from high
680	school.
681	2.  Adopt policies to allow students to graduate from high
682	school as soon as they pass the grade 10 FCAT and complete the
683	courses required for high school graduation.
684	(d)  Use methods to maximize use of instructional staff,
685	such as changing required teaching loads and scheduling of
686	planning periods, deploying district employees that have
687	professional certification to the classroom, using adjunct
688	educators, or any other method not prohibited by law.
689	(e)  Use innovative methods to reduce the cost of school
690	construction by using prototype school designs, using SMART
691	Schools designs, participating in the School Infrastructure
692	Thrift Program, or any other method not prohibited by law.
693	(f)  Use joint-use facilities through partnerships with
694	community colleges, state universities, and private colleges and
695	universities. Joint-use facilities available for use as K-12
696	classrooms that do not meet the K-12 State Regulations for
697	Educational Facilities in the Florida Building Code may be used
698	at the discretion of the district school board provided that
699	such facilities meet all other health, life, safety, and fire
700	codes.
701	(g)  Adopt alternative methods of class scheduling, such as
702	block scheduling.
703	(h)  Redraw school attendance zones to maximize use of
704	facilities while minimizing the additional use of
705	transportation.
706	(i)  Operate schools beyond the normal operating hours to
707	provide classes in the evening or operate more than one session
708	of school during the day.
709	(j)  Use year-round schools and other nontraditional
710	calendars that do not adversely impact annual assessment of
711	student achievement.
712	(k)  Review and consider amending any collective bargaining
713	contracts that hinder the implementation of class size
714	reduction.
715	(l)  Use any other approach not prohibited by law.
716	(4)  ACCOUNTABILITY.-
717	(a)  For the 2010-2011 school year, if at the time of the
718	February 2011 student membership survey the school district's
719	class size exceeds the maximums as described in subsection (1),
720	the department shall:
721	1.  Identify, for each grade group, the number of full-time
722	equivalent students that exceeds the maximum number of students
723	assigned to any teacher in an individual class.
724	2.  Multiply the total number of full-time equivalent
725	students that exceeds the maximum class size for each grade
726	group by the district's full-time equivalent student dollar
727	amount of the class-size-reduction operating categorical
728	allocation for that year and calculate the total for all three
729	grade groups.
730	3.  Reduce the district's class-size-reduction operating
731	categorical allocation by an amount equal to the calculation in
732	subparagraph 2.
733	(b)  For the 2011-2012 school year and annually thereafter,
734	if at the time of the third Florida Education Finance Program
735	calculation a school district's class size exceeds the maximums
736	as described in subsection (1), the department shall reduce the
737	district's class-size-reduction operating categorical allocation
738	as calculated according to subparagraphs (a)1.-3.
739	(a)1.  Beginning in the 2003-2004 fiscal year, if the
740	department determines for any year that a school district has
741	not reduced average class size as required in subsection (2) at
742	the time of the third FEFP calculation, the department shall
743	calculate an amount from the class size reduction operating
744	categorical which is proportionate to the amount of class size
745	reduction not accomplished. Upon verification of the
746	department's calculation by the Florida Education Finance
747	Program Appropriation Allocation Conference and not later than
748	March 1 of each year, the Executive Office of the Governor shall
749	transfer undistributed funds equivalent to the calculated amount
750	from the district's class size reduction operating categorical
751	to an approved fixed capital outlay appropriation for class size
752	reduction in the affected district pursuant to s. 216.292(2)(d).
753	The amount of funds transferred shall be the lesser of the
754	amount verified by the Florida Education Finance Program
755	Appropriation Allocation Conference or the undistributed balance
756	of the district's class size reduction operating categorical.
757	2.  In lieu of the transfer required by subparagraph 1.,
758	the Commissioner of Education may recommend a budget amendment,
759	subject to approval by the Legislative Budget Commission, to
760	transfer an alternative amount of funds from the district's
761	class size reduction operating categorical to its approved fixed
762	capital outlay account for class size reduction if the
763	commissioner finds that the State Board of Education has
764	reviewed evidence indicating that a district has been unable to
765	meet class size reduction requirements despite appropriate
766	effort to do so. The commissioner's budget amendment must be
767	submitted to the Legislative Budget Commission by February 15 of
768	each year.
769	(c)3.  For the 2007-2008 fiscal year and thereafter, If in
770	any fiscal year funds from a district's class size operating
771	categorical are required to be reduced in accordance with
772	paragraph (a) or paragraph (b) transferred to its fixed capital
773	outlay fund and the district's class size operating categorical
774	allocation in the General Appropriations Act for that fiscal
775	year has been reduced by a subsequent appropriation, the
776	Commissioner of Education may recommend a 50-percent reduction
777	in the amount calculated in accordance with paragraph (a) or
778	paragraph (b) of the transfer.
779	(b)  Beginning in the 2010-2011 fiscal year and each year
780	thereafter, if the department determines that the number of
781	students assigned to any individual class exceeds the class size
782	maximum, as required in subsection (2), at the time of the third
783	FEFP calculation, the department shall:
784	1.  Identify, for each grade group, the number of classes
785	in which the enrollment exceeds the maximum, the number of
786	students which exceeds the maximum for each class, and the total
787	number of students which exceeds the maximum for all classes.
788	2.  Determine the number of full-time equivalent students
789	which exceeds the maximum class size for each grade group.
790	3.  Multiply the total number of FTE students which exceeds
791	the maximum class size for each grade group by the district's
792	FTE dollar amount of the class-size-reduction allocation for
793	that year and calculate the total for all three grade groups.
794	4.  Reduce the district's class-size-reduction operating
795	categorical allocation by an amount equal to the sum of the
796	calculation in subparagraph 3.
797	(d)(c)  Upon verification of the department's calculation
798	by the Florida Education Finance Program Appropriation
799	Allocation Conference and no later than March 1 of each year,
800	the Executive Office of the Governor shall place these funds in
801	reserve, and the undistributed funds shall revert to the General
802	Revenue Fund unallocated at the end of the fiscal year. The
803	amount of funds reduced shall be the lesser of the amount
804	verified by the Florida Education Finance Program Appropriation
805	Allocation Conference or the undistributed balance of the
806	district's class-size-reduction operating categorical
807	allocation.
808	(e)(d)  In lieu of the reduction calculation in paragraph
809	(a) or paragraph (b), if the Commissioner of Education has
810	evidence that a district has been unable to meet the class size
811	requirements, despite the appropriate efforts of the district,
812	due to an extreme emergency or other causes beyond the control
813	of the district, he or she may recommend a budget amendment,
814	subject to approval of the Legislative Budget Commission, to
815	reduce an alternative amount of funds from the district's class-
816	size-reduction operating categorical allocation. The
817	commissioner's budget amendment must be submitted to the
818	Legislative Budget Commission by February 15 of each year.
819	(e)  In addition to the calculation required in paragraph
820	(a), at the time of the third FEFP calculation for the 2009-2010
821	fiscal year, the department shall also prepare a simulated
822	calculation based on the requirements in paragraphs (b) and (c).
823	This simulated calculation shall be provided to the school
824	districts and the Legislature.
825	Section 12.  Section 1003.572, Florida Statutes, is created
826	to read:
827	1003.572  Gifted student education.-
828	(1)  For students in kindergarten through grade 12, each
829	district school board shall annually report to the department by
830	school and grade level:
831	(a)  The number of students classified as gifted. Such
832	reporting shall separately identify the number of students
833	classified as gifted under generally applicable criteria set
834	forth in State Board of Education rule and under a department-
835	approved school district plan for increasing the participation
836	of underrepresented groups.
837	(b)  The types of gifted student education services that it
838	provides and the number of students receiving each service. Such
839	reporting shall:
840	1.  Separately identify gifted student education services
841	that provide: direct instruction to a class consisting only of
842	gifted students; differentiated instruction for gifted students
843	within a class that also includes students who are not gifted;
844	and noninstructional consultation services.
845	2.  Indicate the number of hours per week that each service
846	identified under subparagraph 1. is provided to each gifted
847	student and if the service is provided by a teacher who has
848	received the gifted endorsement under State Board of Education
849	rule.
850	(c)  Performance data for students receiving gifted student
851	education services.
852	(2)  When reporting the number of students under subsection
853	(1), district school boards shall classify students according to
854	race, ethnicity, limited English proficient status, and free or
855	reduced-price lunch eligibility status under the National School
856	Lunch Act.
857	(3)  The department shall develop data elements to
858	facilitate district school board reporting under subsection (1).
859	(4)  The State Board of Education shall adopt rules
860	pursuant to ss. 120.536(1) and 120.54 to implement this section.
861	Section 13.  Section 1006.281, Florida Statutes, is created
862	to read:
863	1006.281  Electronic learning management systems.-
864	(1)  To ensure that all school districts have equitable
865	access to digitally rich instructional materials, districts are
866	encouraged to have access to an electronic learning management
867	system that allows teachers, staff, students, and parents to
868	access, organize, and utilize electronically available
869	instructional materials and teaching and learning tools and
870	resources and enables teachers to manage, assess, and track
871	student learning.
872	(2)  To the extent fiscally and technologically feasible, a
873	school district's electronic learning management system should
874	allow for a single, authenticated sign-on that includes the
875	following functionality:
876	(a)  Vertically searches for, gathers, and organizes
877	specific standards-based instructional materials.
878	(b)  Enables teachers to prepare lessons, individualize
879	student instruction, and utilize best practices for providing
880	instruction.
881	(c)  Provides communication, including access to up-to-date
882	student performance data, to help teachers and parents better
883	serve the needs of students.
884	(d)  Provides access for administrators to ensure quality
885	of instruction in every classroom.
886	(3)  The Department of Education shall provide assistance
887	as requested by school districts in the deployment of a district
888	electronic learning management system.
889	Section 14.  Subsection (4) of section 1006.29, Florida
890	Statutes, is amended to read:
891	1006.29  State instructional materials committees.-
892	(4)  For purposes of state adoption, "instructional
893	materials" means items having intellectual content that by
894	design serve as a major tool for assisting in the instruction of
895	a subject or course. These items may be available in bound,
896	unbound, kit, or package form and may consist of hardbacked, or
897	softbacked, or electronic textbooks, consumables, learning
898	laboratories, manipulatives, electronic media, and computer
899	courseware or software. A publisher or manufacturer providing
900	instructional materials as a single bundle shall also make the
901	instructional materials available as separate and unbundled
902	items, each priced individually. The term does not include
903	electronic or computer hardware even if such hardware is bundled
904	with software or other electronic media, nor does it include
905	equipment or supplies.
906	Section 15.  Paragraphs (a) and (b) of subsection (1) of
907	section 1006.33, Florida Statutes, are amended to read:
908	1006.33  Bids or proposals; advertisement and its
909	contents.-
910	(1)(a)  Beginning on or before May 15 of any year in which
911	an instructional materials adoption is to be initiated, the
912	department shall advertise in the Florida Administrative Weekly
913	4 weeks preceding the date on which the bids shall be received,
914	that at a certain designated time, not later than June 15,
915	sealed bids or proposals to be deposited with the department
916	will be received from publishers or manufacturers for the
917	furnishing of instructional materials proposed to be adopted as
918	listed in the advertisement beginning April 1 following the
919	adoption. Instructional materials adopted after 2012-2013 for
920	students in grades 9 through 12 shall primarily be adopted and
921	delivered in electronic format.
922	(b)  Beginning in the 2010-2011 fiscal year, the
923	advertisement shall state that each bidder shall furnish
924	electronic specimen copies of all instructional materials
925	submitted, at a time designated by the department, which
926	specimen copies shall be identical with the copies approved and
927	accepted by the members of the state instructional materials
928	committee, as prescribed in this section, and with the copies
929	furnished to the department and district school superintendents,
930	as provided in this part. Any district school superintendent who
931	requires samples in addition to samples in electronic format
932	must request those samples through the department.
933	Section 16.  Paragraph (a) of subsection (2) of section
934	1006.34, Florida Statutes, is amended to read:
935	1006.34  Powers and duties of the commissioner and the
936	department in selecting and adopting instructional materials.-
937	(2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.-
938	(a)  The department shall notify all publishers and
939	manufacturers of instructional materials who have submitted bids
940	that within 3 weeks after the deadline for receiving bids, at a
941	designated time and place, it will open the bids submitted and
942	deposited with it. At the time and place designated, the bids
943	shall be opened, read, and tabulated in the presence of the
944	bidders or their representatives. No one may revise his or her
945	bid after the bids have been filed. When all bids have been
946	carefully considered, the commissioner shall, from the list of
947	suitable, usable, and desirable instructional materials reported
948	by the state instructional materials committee, select and adopt
949	instructional materials for each grade and subject field in the
950	curriculum of public elementary, middle, and high schools in
951	which adoptions are made and in the subject areas designated in
952	the advertisement. The adoption shall continue for the period
953	specified in the advertisement, beginning on the ensuing April
954	1. The adoption shall not prevent the extension of a contract as
955	provided in subsection (3). The commissioner shall always
956	reserve the right to reject any and all bids. The commissioner
957	may ask for new sealed bids from publishers or manufacturers
958	whose instructional materials were recommended by the state
959	instructional materials committee as suitable, usable, and
960	desirable; specify the dates for filing such bids and the date
961	on which they shall be opened; and proceed in all matters
962	regarding the opening of bids and the awarding of contracts as
963	required by this part. In all cases, bids shall be accompanied
964	by a cash deposit or certified check of from $500 to $2,500, as
965	the commissioner may direct. The department, in adopting
966	instructional materials, shall give due consideration both to
967	the prices bid for furnishing instructional materials and to the
968	report and recommendations of the state instructional materials
969	committee. When the commissioner has finished with the report of
970	the state instructional materials committee, the report shall be
971	filed and preserved with the department and shall be available
972	at all times for public inspection. The commissioner may add
973	instructional materials to the list of recommendations of the
974	state instructional materials committee if the publishers of
975	such materials met the procedural requirements established for
976	submission and timely appealed any failure to adopt and the
977	materials are aligned with the Next Generation Sunshine State
978	Standards.
979	Section 17.  Subsection (4) of section 1006.40, Florida
980	Statutes, is amended to read:
981	1006.40  Use of instructional materials allocation;
982	instructional materials, library books, and reference books;
983	repair of books.-
984	(4)  The funds described in subsection (3) which district
985	school boards may use to purchase materials not on the state-
986	adopted list shall be used for the purchase of instructional
987	materials or other items having intellectual content which
988	assist in the instruction of a subject or course. These items
989	may be available in bound, unbound, kit, or package form and may
990	consist of hardbacked, or softbacked, or electronic textbooks,
991	replacements for items which were part of previously purchased
992	instructional materials, consumables, learning laboratories,
993	manipulatives, electronic media, computer courseware or
994	software, and other commonly accepted instructional tools as
995	prescribed by district school board rule. Beginning with the
996	2012-2013 fiscal year, the funds available to district school
997	boards for the purchase of materials not on the state-adopted
998	list may not be used to purchase electronic or computer hardware
999	even if such hardware is provided for the sole purpose of
1000	delivering instructional materials content in an electronic
1001	format. The funds provided for instructional materials bundled
1002	with software or other electronic media, nor may not such funds
1003	be used to purchase equipment or supplies. However, when
1004	authorized to do so in the General Appropriations Act, a school
1005	or district school board may use a portion of the funds
1006	available to it for the purchase of materials not on the state-
1007	adopted list to purchase science laboratory materials and
1008	supplies.
1009	Section 18.  Subsection (1) of section 1007.27, Florida
1010	Statutes, is amended to read:
1011	1007.27  Articulated acceleration mechanisms.-
1012	(1)  It is the intent of the Legislature that a variety of
1013	articulated acceleration mechanisms be available for secondary
1014	and postsecondary students attending public educational
1015	institutions. It is intended that articulated acceleration serve
1016	to shorten the time necessary for a student to complete the
1017	requirements associated with the conference of a high school
1018	diploma and a postsecondary degree, broaden the scope of
1019	curricular options available to students, or increase the depth
1020	of study available for a particular subject. Articulated
1021	acceleration mechanisms shall include, but not be limited to,
1022	dual enrollment as provided for in s. 1007.271, early admission,
1023	advanced placement, credit by examination, the International
1024	Baccalaureate Program, and the Advanced International
1025	Certificate of Education Program. Credit earned through the
1026	Florida Virtual School shall provide additional opportunities
1027	for early graduation and acceleration. Students in public
1028	secondary schools enrolled in courses pursuant to this
1029	subsection shall be deemed authorized users of the state-funded
1030	electronic library resources provided by Florida colleges and
1031	state universities pursuant to s. 1006.72. Verification of
1032	eligibility shall be in accordance with rules established by the
1033	State Board of Education and the Board of Governors and
1034	processes implemented by Florida colleges and state
1035	universities.
1036	Section 19.  Paragraphs (m) and (p) of subsection (1),
1037	paragraphs (a) and (b) of subsection (4), subsection (6),
1038	paragraph (d) of subsection (7), and paragraph (a) of subsection
1039	(12) of section 1011.62, Florida Statutes, are amended to read:
1040	1011.62  Funds for operation of schools.-If the annual
1041	allocation from the Florida Education Finance Program to each
1042	district for operation of schools is not determined in the
1043	annual appropriations act or the substantive bill implementing
1044	the annual appropriations act, it shall be determined as
1045	follows:
1046	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1047	OPERATION.-The following procedure shall be followed in
1048	determining the annual allocation to each district for
1049	operation:
1050	(m)  Calculation of additional full-time equivalent
1051	membership based on International Baccalaureate examination
1052	scores of students.-A value of 0.16 full-time equivalent student
1053	membership shall be calculated for each student enrolled in an
1054	International Baccalaureate course who receives a score of 4 or
1055	higher on a subject examination. A value of 0.3 full-time
1056	equivalent student membership shall be calculated for each
1057	student who receives an International Baccalaureate diploma.
1058	Such value shall be added to the total full-time equivalent
1059	student membership in basic programs for grades 9 through 12 in
1060	the subsequent fiscal year. Funds allocated in accordance with
1061	this paragraph shall be expended solely for the payment of
1062	administrative costs and teacher bonuses associated with the
1063	International Baccalaureate Program. Administrative costs shall
1064	include costs associated with International Baccalaureate annual
1065	school fees and examination fees and professional development
1066	for International Baccalaureate teachers. After all
1067	International Baccalaureate programmatic expenses have been paid
1068	by the school district, the remaining balance of funding shall
1069	be provided to the school that generated the funding. The school
1070	district shall distribute to each classroom teacher who provided
1071	International Baccalaureate instruction:
1072	1.  A bonus in the amount of $50 for each student taught by
1073	the International Baccalaureate teacher in each International
1074	Baccalaureate course who receives a score of 4 or higher on the
1075	International Baccalaureate examination.
1076	2.  An additional bonus of $500 to each International
1077	Baccalaureate teacher in a school designated with a grade of "D"
1078	or "F" who has at least one student scoring 4 or higher on the
1079	International Baccalaureate examination, regardless of the
1080	number of classes taught or of the number of students scoring a
1081	4 or higher on the International Baccalaureate examination.
1082
1083	Bonuses awarded to a teacher according to this paragraph shall
1084	not exceed $2,000 in any given school year and shall be in
1085	addition to any regular wage or other bonus the teacher received
1086	or is scheduled to receive.
1087	(p)  Calculation of additional full-time equivalent
1088	membership based on certification of successful completion of
1089	industry-certified career and professional academy programs
1090	pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
1091	in the Industry Certification Certified Funding List pursuant to
1092	rules adopted by the State Board of Education.-A value of 0.16
1093	0.3 full-time equivalent student membership shall be calculated
1094	for each student who completes an industry-certified career and
1095	professional academy program under ss. 1003.491, 1003.492, and
1096	1003.493 and who is issued the highest level of industry
1097	certification identified annually in the Industry Certification
1098	Funding List approved under rules adopted by the State Board of
1099	Education and a high school diploma. Such value shall be added
1100	to the total full-time equivalent student membership in
1101	secondary career education programs for grades 9 through 12 in
1102	the subsequent year for courses that were not funded through
1103	dual enrollment. The additional full-time equivalent membership
1104	authorized under this paragraph may not exceed 0.16 0.3 per
1105	student. Unless a different amount is specified in the General
1106	Appropriations Act, the appropriation for this calculation is
1107	limited to $8 $15 million annually. If the appropriation is
1108	insufficient to fully fund the total calculation, the
1109	appropriation shall be prorated.
1110	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.-The
1111	Legislature shall prescribe the aggregate required local effort
1112	for all school districts collectively as an item in the General
1113	Appropriations Act for each fiscal year. The amount that each
1114	district shall provide annually toward the cost of the Florida
1115	Education Finance Program for kindergarten through grade 12
1116	programs shall be calculated as follows:
1117	(a)  Estimated taxable value calculations.-
1118	1.a.  Not later than 2 working days prior to July 19, the
1119	Department of Revenue shall certify to the Commissioner of
1120	Education its most recent estimate of the taxable value for
1121	school purposes in each school district and the total for all
1122	school districts in the state for the current calendar year
1123	based on the latest available data obtained from the local
1124	property appraisers. The value certified shall be the taxable
1125	value for school purposes for that year, and no further
1126	adjustments shall be made, except those made pursuant to
1127	paragraphs (c) and (d), or an assessment roll change required by
1128	final judicial decisions as specified in paragraph (12)(b). Not
1129	later than July 19, the Commissioner of Education shall compute
1130	a millage rate, rounded to the next highest one one-thousandth
1131	of a mill, which, when applied to 96 95 percent of the estimated
1132	state total taxable value for school purposes, would generate
1133	the prescribed aggregate required local effort for that year for
1134	all districts. The Commissioner of Education shall certify to
1135	each district school board the millage rate, computed as
1136	prescribed in this subparagraph, as the minimum millage rate
1137	necessary to provide the district required local effort for that
1138	year.
1139	b.  The General Appropriations Act shall direct the
1140	computation of the statewide adjusted aggregate amount for
1141	required local effort for all school districts collectively from
1142	ad valorem taxes to ensure that no school district's revenue
1143	from required local effort millage will produce more than 90
1144	percent of the district's total Florida Education Finance
1145	Program calculation as calculated and adopted by the
1146	Legislature, and the adjustment of the required local effort
1147	millage rate of each district that produces more than 90 percent
1148	of its total Florida Education Finance Program entitlement to a
1149	level that will produce only 90 percent of its total Florida
1150	Education Finance Program entitlement in the July calculation.
1151	2.  On the same date as the certification in sub-
1152	subparagraph 1.a., the Department of Revenue shall certify to
1153	the Commissioner of Education for each district:
1154	a.  Each year for which the property appraiser has
1155	certified the taxable value pursuant to s. 193.122(2) or (3), if
1156	applicable, since the prior certification under sub-subparagraph
1157	1.a.
1158	b.  For each year identified in sub-subparagraph a., the
1159	taxable value certified by the appraiser pursuant to s.
1160	193.122(2) or (3), if applicable, since the prior certification
1161	under sub-subparagraph 1.a. This is the certification that
1162	reflects all final administrative actions of the value
1163	adjustment board.
1164	(b)  Equalization of required local effort.-
1165	1.  The Department of Revenue shall include with its
1166	certifications provided pursuant to paragraph (a) its most
1167	recent determination of the assessment level of the prior year's
1168	assessment roll for each county and for the state as a whole.
1169	2.  The Commissioner of Education shall adjust the required
1170	local effort millage of each district for the current year,
1171	computed pursuant to paragraph (a), as follows:
1172	a.  The equalization factor for the prior year's assessment
1173	roll of each district shall be multiplied by 96 95 percent of
1174	the taxable value for school purposes shown on that roll and by
1175	the prior year's required local-effort millage, exclusive of any
1176	equalization adjustment made pursuant to this paragraph. The
1177	dollar amount so computed shall be the additional required local
1178	effort for equalization for the current year.
1179	b.  Such equalization factor shall be computed as the
1180	quotient of the prior year's assessment level of the state as a
1181	whole divided by the prior year's assessment level of the
1182	county, from which quotient shall be subtracted 1.
1183	c.  The dollar amount of additional required local effort
1184	for equalization for each district shall be converted to a
1185	millage rate, based on 96 95 percent of the current year's
1186	taxable value for that district, and added to the required local
1187	effort millage determined pursuant to paragraph (a).
1188	3.  Notwithstanding the limitations imposed pursuant to s.
1189	1011.71(1), the total required local-effort millage, including
1190	additional required local effort for equalization, shall be an
1191	amount not to exceed 10 minus the maximum millage allowed as
1192	nonvoted discretionary millage, exclusive of millage authorized
1193	pursuant to s. 1011.71(2). Nothing herein shall be construed to
1194	allow a millage in excess of that authorized in s. 9, Art. VII
1195	of the State Constitution.
1196	4.  For the purposes of this chapter, the term "assessment
1197	level" means the value-weighted mean assessment ratio for the
1198	county or state as a whole, as determined pursuant to s.
1199	195.096, or as subsequently adjusted. However, for those parcels
1200	studied pursuant to s. 195.096(3)(a)1. which are receiving the
1201	assessment limitation set forth in s. 193.155, and for which the
1202	assessed value is less than the just value, the department shall
1203	use the assessed value in the numerator and the denominator of
1204	such assessment ratio. In the event a court has adjudicated that
1205	the department failed to establish an accurate estimate of an
1206	assessment level of a county and recomputation resulting in an
1207	accurate estimate based upon the evidence before the court was
1208	not possible, that county shall be presumed to have an
1209	assessment level equal to that of the state as a whole.
1210	5.  If, in the prior year, taxes were levied against an
1211	interim assessment roll pursuant to s. 193.1145, the assessment
1212	level and prior year's nonexempt assessed valuation used for the
1213	purposes of this paragraph shall be those of the interim
1214	assessment roll.
1215	(6)  CATEGORICAL FUNDS.-
1216	(a)  In addition to the basic amount for current operations
1217	for the FEFP as determined in subsection (1), the Legislature
1218	may appropriate categorical funding for specified programs,
1219	activities, or purposes.
1220	(b)  If a district school board finds and declares in a
1221	resolution adopted at a regular meeting of the school board that
1222	the funds received for any of the following categorical
1223	appropriations are urgently needed to maintain school board
1224	specified academic classroom instruction or to provide
1225	technological equipment that supports student learning, the
1226	school board may consider and approve an amendment to the school
1227	district operating budget transferring the identified amount of
1228	the categorical funds to the appropriate account for
1229	expenditure:
1230	1.  Funds for student transportation.
1231	2.  Funds for safe schools.
1232	3.  Funds for supplemental academic instruction.
1233	4.  Funds for research-based reading instruction.
1234	5.  Funds for instructional materials if all instructional
1235	material purchases necessary to provide updated materials
1236	aligned to the Next Generation Sunshine State Standards and
1237	benchmarks pursuant to ss. 1006.28(1) and 1006.40(2)(a) have
1238	been completed for that fiscal year, but no sooner than March 1,
1239	2011 2010.
1240	(c)  As used in this subsection, the term "technological
1241	equipment" is limited to hardware, devices, or equipment
1242	necessary for:
1243	1.  Gaining access to or enhancing the use of an electronic
1244	textbook and other types of digitally rich instructional
1245	materials; or
1246	2.  Facilitating access to and the use of a school
1247	district's electronic learning and data management systems that
1248	allow teachers, staff, students, and parents to have access to
1249	electronically available instructional materials and teaching
1250	and learning tools and resources.
1251
1252	Technological equipment purchased from categorical funds
1253	pursuant to this subsection must meet performance standards
1254	related to interactive functionality, capacity, and reliability
1255	as determined by the department. The department is encouraged to
1256	negotiate enterprise agreements with interested technological
1257	equipment vendors and service providers. By February 1, 2011,
1258	the department shall publish a list of recommended vendors and
1259	service providers. Districts choosing devices or services from
1260	vendors or providers not on the department's list may seek a
1261	waiver from the Commissioner of Education if their proposed
1262	purchases represent better value for the district.
1263	(d)(c)  Each district school board shall include in its
1264	annual financial report to the Department of Education the
1265	amount of funds the school board transferred from each of the
1266	categorical funds identified in this subsection and the specific
1267	academic classroom instruction for which the transferred funds
1268	were expended. The Department of Education shall provide
1269	instructions and specify the format to be used in submitting
1270	this required information as a part of the district annual
1271	financial report. The Department of Education shall submit a
1272	report to the Legislature that identifies by district and by
1273	categorical fund the amount transferred and the specific
1274	academic classroom activity for which the funds were expended.
1275	(e)(d)  If a district school board transfers funds from its
1276	research-based reading instruction allocation, the board must
1277	also submit to the Department of Education an amendment
1278	describing the changes that the district is making to its
1279	reading plan approved pursuant to paragraph (9)(d).
1280	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
1281	(d)  Each district's allocation of sparsity supplement
1282	funds shall be adjusted in the following manner:
1283	1.  A maximum discretionary levy per FTE value for each
1284	district shall be calculated by dividing the value of each
1285	district's maximum discretionary levy by its FTE student count.
1286	2.  A state average discretionary levy value per FTE shall
1287	be calculated by dividing the total maximum discretionary levy
1288	value for all districts by the state total FTE student count.
1289	3.  A total potential funds per FTE for each district shall
1290	be calculated by dividing the total potential funds, not
1291	including Florida School Recognition Program funds, Merit Award
1292	Program funds, and the minimum guarantee funds, for each
1293	district by its FTE student count.
1294	4.  A state average total potential funds per FTE shall be
1295	calculated by dividing the total potential funds, not including
1296	Florida School Recognition Program funds, Merit Award Program
1297	funds, and the minimum guarantee funds, for all districts by the
1298	state total FTE student count.
1299	5.  For districts that have a levy value per FTE as
1300	calculated in subparagraph 1. higher than the state average
1301	calculated in subparagraph 2., a sparsity wealth adjustment
1302	shall be calculated as the product of the difference between the
1303	state average levy value per FTE calculated in subparagraph 2.
1304	and the district's levy value per FTE calculated in subparagraph
1305	1. and the district's FTE student count and -1. However, no
1306	district shall have a sparsity wealth adjustment that, when
1307	applied to the total potential funds calculated in subparagraph
1308	3., would cause the district's total potential funds per FTE to
1309	be less than the state average calculated in subparagraph 4.
1310	6.  Each district's sparsity supplement allocation shall be
1311	calculated by adding the amount calculated as specified in
1312	paragraphs (a) and (b) and the wealth adjustment amount
1313	calculated in this paragraph.
1314	(12)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
1315	CURRENT OPERATION.-The total annual state allocation to each
1316	district for current operation for the FEFP shall be distributed
1317	periodically in the manner prescribed in the General
1318	Appropriations Act.
1319	(a)  If the funds appropriated for current operation of the
1320	FEFP are not sufficient to pay the state requirement in full,
1321	the department shall prorate the available state funds to each
1322	district in the following manner:
1323	1.  Determine the percentage of proration by dividing the
1324	sum of the total amount for current operation, as provided in
1325	this paragraph for all districts collectively, and the total
1326	district required local effort into the sum of the state funds
1327	available for current operation and the total district required
1328	local effort.
1329	2.  Multiply the percentage so determined by the sum of the
1330	total amount for current operation as provided in this paragraph
1331	and the required local effort for each individual district.
1332	3.  From the product of such multiplication, subtract the
1333	required local effort of each district; and the remainder shall
1334	be the amount of state funds allocated to the district for
1335	current operation provided that no calculation subsequent to the
1336	appropriation shall result in negative state funds for any
1337	district.
1338	Section 20.  Subsection (1) of section 1011.67, Florida
1339	Statutes, is amended to read:
1340	1011.67  Funds for instructional materials.-
1341	(1)  The department is authorized to allocate and
1342	distribute to each district an amount as prescribed annually by
1343	the Legislature for instructional materials for student
1344	membership in basic and special programs in grades K-12, which
1345	will provide for growth and maintenance needs. For purposes of
1346	this subsection, unweighted full-time equivalent students
1347	enrolled in the lab schools in state universities are to be
1348	included as school district students and reported as such to the
1349	department. These funds shall be distributed to school districts
1350	as follows: 50 percent on or about July 10; 35 percent on or
1351	about October 10; 10 percent on or about January 10; and 5
1352	percent on or about June 10. The annual allocation shall be
1353	determined as follows:
1354	(a)  The growth allocation for each school district shall
1355	be calculated as follows:
1356	1.  Subtract from that district's projected full-time
1357	equivalent membership of students in basic and special programs
1358	in grades K-12 used in determining the initial allocation of the
1359	Florida Education Finance Program, the prior year's full-time
1360	equivalent membership of students in basic and special programs
1361	in grades K-12 for that district.
1362	2.  Multiply any such increase in full-time equivalent
1363	student membership by the allocation for a set of instructional
1364	materials, as determined by the department, or as provided for
1365	in the General Appropriations Act.
1366	3.  The amount thus determined shall be that district's
1367	initial allocation for growth for the school year. However, the
1368	department shall recompute and adjust the initial allocation
1369	based on actual full-time equivalent student membership data for
1370	that year.
1371	(b)  The maintenance of the instructional materials
1372	allocation for each school district shall be calculated by
1373	multiplying each district's prior year full-time equivalent
1374	membership of students in basic and special programs in grades
1375	K-12 by the allocation for maintenance of a set of instructional
1376	materials as provided for in the General Appropriations Act. The
1377	amount thus determined shall be that district's initial
1378	allocation for maintenance for the school year; however, the
1379	department shall recompute and adjust the initial allocation
1380	based on such actual full-time equivalent student membership
1381	data for that year.
1382	(c)  In the event the funds appropriated are not sufficient
1383	for the purpose of implementing this subsection in full, the
1384	department shall prorate the funds available for instructional
1385	materials after first funding in full each district's growth
1386	allocation.
1387	Section 21.  Subsection (2) of section 1011.68, Florida
1388	Statutes, is amended to read:
1389	1011.68  Funds for student transportation.-The annual
1390	allocation to each district for transportation to public school
1391	programs, including charter schools as provided in s.
1392	1002.33(17)(b), of students in membership in kindergarten
1393	through grade 12 and in migrant and exceptional student programs
1394	below kindergarten shall be determined as follows:
1395	(2)  The allocation for each district shall be calculated
1396	annually in accordance with the following formula:
1397	T = B + EX. The elements of this formula are defined as follows:
1398	T is the total dollar allocation for transportation. B is the
1399	base transportation dollar allocation prorated by an adjusted
1400	student membership count. The adjusted membership count shall be
1401	derived from a multiplicative index function in which the base
1402	student membership is adjusted by multiplying it by index
1403	numbers that individually account for the impact of the price
1404	level index, average bus occupancy, and the extent of rural
1405	population in the district. EX is the base transportation dollar
1406	allocation for disabled students prorated by an adjusted
1407	disabled student membership count. The base transportation
1408	dollar allocation for disabled students is the total state base
1409	disabled student membership count weighted for increased costs
1410	associated with transporting disabled students and multiplying
1411	it by a the prior year's average per student cost for
1412	transportation as determined by the Legislature. The adjusted
1413	disabled student membership count shall be derived from a
1414	multiplicative index function in which the weighted base
1415	disabled student membership is adjusted by multiplying it by
1416	index numbers that individually account for the impact of the
1417	price level index, average bus occupancy, and the extent of
1418	rural population in the district. Each adjustment factor shall
1419	be designed to affect the base allocation by no more or less
1420	than 10 percent.
1421	Section 22.  Paragraph (b) of subsection (3) of section
1422	1011.71, Florida Statutes, is amended to read:
1423	1011.71  District school tax.-
1424	(3)
1425	(b)  In addition to the millage authorized in this section,
1426	each district school board may, by a super majority vote, levy
1427	an additional 0.25 mills for critical capital outlay needs or
1428	for critical operating needs. If levied for capital outlay,
1429	expenditures shall be subject to the requirements of this
1430	section. If levied for operations, expenditures shall be
1431	consistent with the requirements for operating funds received
1432	pursuant to s. 1011.62. If the district levies this additional
1433	0.25 mills for operations, the compression adjustment pursuant
1434	to s. 1011.62(5) shall be calculated and added to the district's
1435	FEFP allocation. Millage levied pursuant to this paragraph is
1436	subject to the provisions of s. 200.065. In order to be
1437	continued after the 2010-2011 fiscal year, millage levied
1438	pursuant to this paragraph must be approved by the voters of the
1439	district at the 2010 next general election or at a subsequent
1440	election held at any time, except that not more than one such
1441	election shall be held during any 12-month period. Any millage
1442	so authorized shall be levied for a period not in excess of 2
1443	years or until changed by another millage election, whichever is
1444	earlier. If any such election is invalidated by a court of
1445	competent jurisdiction, such invalidated election shall be
1446	considered not to have been held.
1447	Section 23.  Subsection (2) of section 1011.73, Florida
1448	Statutes, is amended to read:
1449	1011.73  District millage elections.-
1450	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.-The district
1451	school board, pursuant to resolution adopted at a regular
1452	meeting, shall direct the county commissioners to call an
1453	election at which the electors within the school district may
1454	approve an ad valorem tax millage as authorized under s.
1455	1011.71(9)(8). Such election may be held at any time, except
1456	that not more than one such election shall be held during any
1457	12-month period. Any millage so authorized shall be levied for a
1458	period not in excess of 4 years or until changed by another
1459	millage election, whichever is earlier. If any such election is
1460	invalidated by a court of competent jurisdiction, such
1461	invalidated election shall be considered not to have been held.
1462	Section 24.  Subsection (1) of section 1012.55, Florida
1463	Statutes, is amended to read:
1464	1012.55  Positions for which certificates required.-
1465	(1)  The State Board of Education shall classify school
1466	services, designate the certification subject areas, establish
1467	competencies, including the use of technology to enhance student
1468	learning, and certification requirements for all school-based
1469	personnel, and adopt rules in accordance with which the
1470	professional, temporary, and part-time certificates shall be
1471	issued by the Department of Education to applicants who meet the
1472	standards prescribed by such rules for their class of service.
1473	Each person employed or occupying a position as school
1474	supervisor, school principal, teacher, library media specialist,
1475	school counselor, athletic coach, or other position in which the
1476	employee serves in an instructional capacity, in any public
1477	school of any district of this state shall hold the certificate
1478	required by law and by rules of the State Board of Education in
1479	fulfilling the requirements of the law for the type of service
1480	rendered. Such positions include personnel providing direct
1481	instruction to students through a virtual environment or through
1482	a blended virtual and physical environment. The Department of
1483	Education shall identify appropriate educator certification for
1484	the instruction of specified courses in an annual publication of
1485	a directory of course code numbers for all programs and courses
1486	that are funded through the Florida Education Finance Program.
1487	However, the state board shall adopt rules authorizing district
1488	school boards to employ selected noncertificated personnel to
1489	provide instructional services in the individuals' fields of
1490	specialty or to assist instructional staff members as education
1491	paraprofessionals.
1492	Section 25.  Paragraph (a) of subsection (1) of section
1493	1013.62, Florida Statutes, is amended to read:
1494	1013.62  Charter schools capital outlay funding.-
1495	(1)  In each year in which funds are appropriated for
1496	charter school capital outlay purposes, the Commissioner of
1497	Education shall allocate the funds among eligible charter
1498	schools.
1499	(a)  To be eligible for a funding allocation, a charter
1500	school must:
1501	1.a.  Have been in operation for 3 or more years;
1502	b.  Be governed by a governing board established in the
1503	state for 3 or more years which operates both charter schools
1504	and conversion charter schools within the state;
1505	c.  Be an expanded feeder chain of a charter school within
1506	the same school district that is currently receiving charter
1507	school capital outlay funds; or
1508	d.  Have been accredited by the Commission on Schools of
1509	the Southern Association of Colleges and Schools; or
1510	e.  Serve students in facilities that are provided by a
1511	business partner for a charter school-in-the-workplace pursuant
1512	to s. 1002.33(15)(b).
1513	2.  Have financial stability for future operation as a
1514	charter school.
1515	3.  Have satisfactory student achievement based on state
1516	accountability standards applicable to the charter school.
1517	4.  Have received final approval from its sponsor pursuant
1518	to s. 1002.33 for operation during that fiscal year.
1519	5.  Serve students in facilities that are not provided by
1520	the charter school's sponsor.
1521	Section 26.  Except as otherwise expressly provided in this
1522	act, this act shall take effect July 1, 2010.

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