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. 1001.395, F.S.; extending the duration of a
10	provision specifying methods to calculate the salary of a
11	district school board member; amending s. 1001.451, F.S.;
12	revising provisions relating to the appropriation of funds
13	for regional consortium service organizations; amending s.
14	1002.32, F.S.; revising and correcting a calculation
15	relating to funding for lab school operating purposes;
16	amending s. 1002.33, F.S.; requiring a charter school to
17	be in compliance with maximum class size requirements
18	based on the school-level average; revising provisions
19	that exempt charter school facilities from certain fees;
20	providing that certain capital outlay funds shared with a
21	charter school-in-the-workplace have met expenditure
22	requirements; revising provisions relating to the
23	withholding and use of an administrative fee for provision
24	of services by the sponsor of a charter school; amending
25	s. 1002.37, F.S.; revising and correcting a calculation
26	relating to funding for Florida Virtual School operating
27	purposes; amending s. 1002.39, F.S.; revising provisions
28	relating to private school documentation for quarterly
29	scholarship payments under the John M. McKay Scholarships
30	for Students with Disabilities Program; amending s.
31	1002.45, F.S.; providing for school district virtual
32	instruction programs to include programs offered by
33	community colleges; requiring that community college
34	instructors meet certain certification requirements;
35	providing an additional condition by which a student may
36	become eligible to enroll in a school district virtual
37	instruction program; prohibiting a community college from
38	reporting students served in a school district virtual
39	instruction program for funding under the Community
40	College Program Fund; removing obsolete provisions
41	requiring a report; amending s. 1002.71, F.S.; reducing
42	the amount of funds that an early learning coalition may
43	retain for administrative purposes from funds paid to
44	private prekindergarten providers and public schools;
45	amending s. 1003.03, F.S.; requiring the Department of
46	Education to annually calculate class size measures;
47	requiring district school boards to hold public hearings
48	and provide information to parents on district strategies
49	to meet class size requirements; deleting obsolete
50	provisions; revising implementation options; revising
51	requirements for the Department of Education with respect
52	to the calculation of class size and the reduction and
53	reallocation of certain funds; requiring districts that
54	have not complied with class size requirements to submit a
55	plan that describes actions for compliance; providing for
56	alternative class size measures, implementation,
57	calculations, and accountability to take effect upon
58	approval of an amendment to the State Constitution by the
59	electors of the state; providing for retroactive effect;
60	amending s. 1003.42, F.S.; requiring instructional
61	materials relating to the history of African Americans to
62	include certain information; amending s. 1003.492, F.S.;
63	clarifying the duties of the Department of Education in
64	approving the list of industry certifications for career
65	education programs; amending s. 1003.52, F.S.; providing
66	that certain requirements relating to educational services
67	in Department of Juvenile Justice programs shall be
68	implemented to the extent funds are available; amending s.
69	1004.925, F.S.; revising provisions relating to the
70	certification of automotive service technology education
71	programs; providing a restriction on funding; amending s.
72	1006.28, F.S.; redefining the term "adequate instructional
73	materials" to include electronic content; creating s.
74	1006.281, F.S.; encouraging school districts to provide
75	access to an electronic learning management system for
76	teachers, students, and parents; specifying the
77	functionality of such a system; requiring the Department
78	of Education to assist school districts in deploying an
79	electronic learning management system; amending s.
80	1006.29, F.S.; providing that instructional materials
81	include electronic content; requiring that a publisher or
82	manufacturer providing instructional materials as a single
83	bundle make the materials available separately and priced
84	individually; requiring that instructional materials
85	adopted after a specified date for students in grades 9
86	through 12 be provided in an electronic format; amending
87	s. 1006.33, F.S.; requiring that an advertisement for bids
88	for instructional materials require the bidder to furnish
89	electronic specimen copies of the materials; providing
90	requirements for requesting certain samples; amending s.
91	1006.40, F.S.; including electronic content as an approved
92	item of instruction; authorizing the use of funds for
93	electronic or computer hardware under certain
94	circumstances; amending s. 1007.27, F.S.; providing that
95	secondary school students are authorized users of the
96	state-funded electronic library resources licensed for
97	postsecondary institutions; requiring the State Board of
98	Education and the Board of Governors to adopt rules;
99	amending s. 1010.79, F.S.; providing for the use of funds
100	in the Sophomore Level Test Trust Fund; amending s.
101	1011.03, F.S.; requiring that a district school board post
102	its proposed millage levies online; revising the
103	requirements for publishing the proposed levies in a
104	newspaper; amending s. 1011.62, F.S.; providing for the
105	allocation and use of funds appropriated for the
106	International Baccalaureate program and for students who
107	complete an industry-certified career and professional
108	academy program; revising calculations for school district
109	required local effort; revising provisions relating to the
110	transfer of categorical funds for certain purposes;
111	authorizing a district school board to transfer certain
112	categorical funds for instructional materials; authorizing
113	the purchase of certain hardware; revising the calculation
114	for determination of a district's sparsity supplement;
115	providing that a calculation subsequent to an
116	appropriation does not result in negative state funds for
117	any district; providing for computation of prior year
118	district required local effort; amending s. 1011.64, F.S.;
119	conforming a cross-reference; amending s. 1011.66, F.S.;
120	revising provisions relating to the distribution of FEFP
121	funds; amending s. 1011.67, F.S.; deleting certain
122	requirements for distribution of funds for instructional
123	materials to school districts; amending s. 1011.68, F.S.;
124	revising a calculation for allocation of funds to school
125	districts for student transportation; amending s. 1011.71,
126	F.S.; authorizing the use of capital improvement millage
127	for certain computer hardware and hardware devices;
128	requiring that the levy of certain school district millage
129	must be approved by voters at specified elections;
130	providing restrictions; amending s. 1011.73, F.S.;
131	correcting a cross-reference; amending s. 1012.33, F.S.;
132	exempting specified reemployed instructional personnel
133	from certain requirements for determining pay; amending s.
134	1012.467, F.S.; requiring school districts to accept
135	reciprocity of certain screening for Florida High School
136	Athletic Association officials; amending s. 1012.55, F.S.;
137	requiring certification for personnel providing direct
138	instruction to students through a virtual environment or
139	through a blended virtual and physical environment;
140	amending s. 1013.62, F.S.; authorizing capital outlay
141	funding for a charter school-in-the-workplace; requiring
142	the Office of Program Policy Analysis and Government
143	Accountability to conduct a study of the Special Facility
144	Construction Account program and make recommendations to
145	the Legislature and Governor; authorizing the Commissioner
146	of Education to administer a one-time student
147	transportation survey for the Jefferson County School
148	District; providing for the use of funds to assist in the
149	management of school district operations; providing an
150	appropriation; providing effective dates.
151
152	Be It Enacted by the Legislature of the State of Florida:
153
154	Section 1.  Paragraphs (d) and (e) of subsection (6) of
155	section 212.055, Florida Statutes, are amended to read:
156	212.055  Discretionary sales surtaxes; legislative intent;
157	authorization and use of proceeds.-It is the legislative intent
158	that any authorization for imposition of a discretionary sales
159	surtax shall be published in the Florida Statutes as a
160	subsection of this section, irrespective of the duration of the
161	levy. Each enactment shall specify the types of counties
162	authorized to levy; the rate or rates which may be imposed; the
163	maximum length of time the surtax may be imposed, if any; the
164	procedure which must be followed to secure voter approval, if
165	required; the purpose for which the proceeds may be expended;
166	and such other requirements as the Legislature may provide.
167	Taxable transactions and administrative procedures shall be as
168	provided in s. 212.054.
169	(6)  SCHOOL CAPITAL OUTLAY SURTAX.-
170	(d)  Any school board imposing the surtax shall implement a
171	freeze on noncapital local school property taxes, at the millage
172	rate imposed in the year prior to the implementation of the
173	surtax, for a period of at least 3 years from the date of
174	imposition of the surtax. This provision shall not apply to
175	existing debt service or taxes authorized in the General
176	Appropriations Act.
177	(d)(e)  Surtax revenues collected by the Department of
178	Revenue pursuant to this subsection shall be distributed to the
179	school board imposing the surtax in accordance with law.
180	Section 2.  Paragraph (d) of subsection (2) of section
181	216.292, Florida Statutes, is amended to read:
182	216.292  Appropriations nontransferable; exceptions.-
183	(2)  The following transfers are authorized to be made by
184	the head of each department or the Chief Justice of the Supreme
185	Court whenever it is deemed necessary by reason of changed
186	conditions:
187	(d)  The transfer of funds by the Executive Office of the
188	Governor from appropriations for public school operations to a
189	fixed capital outlay appropriation for class size reduction
190	based on recommendations of the Florida Education Finance
191	Program Appropriation Allocation Conference or the Legislative
192	Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
193	Governor under this subsection are subject to the notice and
194	review provisions of s. 216.177.
195	Section 3.  Subsection (3) of section 1001.395, Florida
196	Statutes, is amended to read:
197	1001.395  District school board members; compensation.-
198	(3)  Notwithstanding the provisions of this section and s.
199	145.19, for the 2010-2011 2009-2010 fiscal year, the salary of
200	each district school board member shall be the amount calculated
201	pursuant to subsection (1) or the district's beginning salary
202	for teachers who hold baccalaureate degrees, whichever is less.
203	Section 4.  Paragraph (c) of subsection (2) of section
204	1001.451, Florida Statutes, is amended to read:
205	1001.451  Regional consortium service organizations.-In
206	order to provide a full range of programs to larger numbers of
207	students, minimize duplication of services, and encourage the
208	development of new programs and services:
209	(2)
210	(c)  Notwithstanding paragraph (a), the appropriation for
211	the 2010-2011 2009-2010 fiscal year may be less than $50,000 per
212	school district and eligible member. If the amount appropriated
213	is insufficient to provide $50,000, the funds available must be
214	prorated among all eligible districts and members. This
215	paragraph expires July 1, 2011 July 1, 2010.
216	Section 5.  Paragraphs (d) and (e) of subsection (9) of
217	section 1002.32, Florida Statutes, are amended to read:
218	1002.32  Developmental research (laboratory) schools.-
219	(9)  FUNDING.-Funding for a lab school, including a charter
220	lab school, shall be provided as follows:
221	(d)  Each lab school shall receive funds for operating
222	purposes in an amount determined as follows: multiply the
223	maximum allowable nonvoted discretionary millage for operations
224	pursuant to s. 1011.71(1) and (3) by the value of 96 95 percent
225	of the current year's taxable value for school
226	district in which each lab school is located;
227	by the total full-time equivalent membership
228	and multiply the result by the full-time equivalent membership
229	of the lab school. The amount thus obtained shall be
230	discretionary operating funds and shall be appropriated from
231	state funds in the General Appropriations Act to the Lab School
232	Trust Fund.
233	(e)  Each lab school shall receive funds for capital
234	improvement purposes in an amount determined as follows:
235	multiply the maximum allowable nonvoted discretionary millage
236	for capital improvements pursuant to s. 1011.71(2) by the value
237	of 96 95 percent of the current year's taxable value for school
238	purposes for the district in which each lab school is located;
239	divide the result by the total full-time equivalent membership
240	of the district; and multiply the result by the full-time
241	equivalent membership of the lab school. The amount thus
242	obtained shall be discretionary capital improvement funds and
243	shall be appropriated from state funds in the General
244	Appropriations Act to the Lab School Educational Facility Trust
245	Fund.
246	Section 6.  Paragraph (b) of subsection (16), paragraph (d)
247	of subsection (18), subsection (19), and paragraph (a) of
248	subsection (20) of section 1002.33, Florida Statutes, are
249	amended to read:
250	1002.33  Charter schools.-
251	(16)  EXEMPTION FROM STATUTES.-
252	(b)  Additionally, a charter school shall be in compliance
253	with the following statutes:
254	1.  Section 286.011, relating to public meetings and
255	records, public inspection, and criminal and civil penalties.
256	2.  Chapter 119, relating to public records.
257	3.  Section 1003.03, relating to the maximum class size,
258	except that the calculation for compliance pursuant to s.
259	1003.03 shall be the average at the school level.
260	(18)  FACILITIES.-
261	(d)  Charter school facilities are exempt from assessments
262	of fees for building permits, except as provided in s. 553.80;,
263	fees for building and occupational licenses;, impact fees or
264	exactions;, service availability fees;, and assessments for
265	special benefits.
266	(19)  CAPITAL OUTLAY FUNDING.-Charter schools are eligible
267	for capital outlay funds pursuant to s. 1013.62. Capital outlay
268	funds authorized in s. 1011.71(2) that have been shared with a
269	charter school-in-the-workplace prior to July 1, 2010, are
270	deemed to have met the authorized expenditure requirements for
271	such funds.
272	(20)  SERVICES.-
273	(a)1.  A sponsor shall provide certain administrative and
274	educational services to charter schools. These services shall
275	include contract management services; full-time equivalent and
276	data reporting services; exceptional student education
277	administration services; services related to eligibility and
278	reporting duties required to ensure that school lunch services
279	under the federal lunch program, consistent with the needs of
280	the charter school, are provided by the school district at the
281	request of the charter school, that any funds due to the charter
282	school under the federal lunch program be paid to the charter
283	school as soon as the charter school begins serving food under
284	the federal lunch program, and that the charter school is paid
285	at the same time and in the same manner under the federal lunch
286	program as other public schools serviced by the sponsor or the
287	school district; test administration services, including payment
288	of the costs of state-required or district-required student
289	assessments; processing of teacher certificate data services;
290	and information services, including equal access to student
291	information systems that are used by public schools in the
292	district in which the charter school is located. Student
293	performance data for each student in a charter school,
294	including, but not limited to, FCAT scores, standardized test
295	scores, previous public school student report cards, and student
296	performance measures, shall be provided by the sponsor to a
297	charter school in the same manner provided to other public
298	schools in the district.
299	2.  A total administrative fee for the provision of such
300	services shall be calculated based upon up to 5 percent of the
301	available funds defined in paragraph (17)(b) for all students.
302	However, a sponsor may only withhold up to a 5-percent
303	administrative fee for enrollment for up to and including 250
304	500 students. For charter schools with a population of 251 501
305	or more students, the difference between the total
306	administrative fee calculation and the amount of the
307	administrative fee withheld may only be used for capital outlay
308	purposes specified in s. 1013.62(2).
309	3.  In addition, a sponsor may withhold only up to a 5-
310	percent administrative fee for enrollment for up to and
311	including 500 students within a system of charter schools which
312	meets all of the following:
313	a.  Includes both conversion charter schools and
314	nonconversion charter schools;
315	b.  Has all schools located in the same county;
316	c.  Has a total enrollment exceeding the total enrollment
317	of at least one school district in the state;
318	d.  Has the same governing board; and
319	e.  Does not contract with a for-profit service provider
320	for management of school operations.
321	4.  The difference between the total administrative fee
322	calculation and the amount of the administrative fee withheld
323	pursuant to subparagraph 3. may be used for instructional and
324	administrative purposes as well as for capital outlay purposes
325	specified in s. 1013.62(2).
326	5.  Each charter school shall receive 100 percent of the
327	funds awarded to that school pursuant to s. 1012.225. Sponsors
328	shall not charge charter schools any additional fees or
329	surcharges for administrative and educational services in
330	addition to the maximum 5-percent administrative fee withheld
331	pursuant to this paragraph.
332	Section 7.  Paragraph (f) of subsection (3) of section
333	1002.37, Florida Statutes, is amended to read:
334	1002.37  The Florida Virtual School.-
335	(3)  Funding for the Florida Virtual School shall be
336	provided as follows:
337	(f)  The Florida Virtual School shall receive funds for
338	operating purposes in an amount determined as follows: multiply
339	the maximum allowable nonvoted discretionary millage for
340	operations pursuant to s. 1011.71(1) and (3) by the value of 96
341	95 percent of the current year's taxable value for school
342	purposes for the state; divide the result by the total full-time
343	equivalent membership of the state; and multiply the result by
344	the full-time equivalent membership of the school. The amount
345	thus obtained shall be discretionary operating funds and shall
346	be appropriated from state funds in the General Appropriations
347	Act.
348	Section 8.  Paragraph (b) of subsection (8) of section
349	1002.39, Florida Statutes, is amended to read:
350	1002.39  The John M. McKay Scholarships for Students with
351	Disabilities Program.-There is established a program that is
352	separate and distinct from the Opportunity Scholarship Program
353	and is named the John M. McKay Scholarships for Students with
354	Disabilities Program.
355	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.-To be
356	eligible to participate in the John M. McKay Scholarships for
357	Students with Disabilities Program, a private school may be
358	sectarian or nonsectarian and must:
359	(b)  Provide to the department all documentation required
360	for a student's participation, including the private school's
361	and student's fee schedules, at least 30 days before any the
362	first quarterly scholarship payment is made for the student
363	pursuant to paragraph (10)(e). A student is not eligible to
364	receive a quarterly scholarship payment if the private school
365	fails to meet this deadline.
366
367	The inability of a private school to meet the requirements of
368	this subsection shall constitute a basis for the ineligibility
369	of the private school to participate in the scholarship program
370	as determined by the department.
371	Section 9.  Paragraphs (a) and (b) of subsection (1),
372	paragraph (a) of subsection (2), and subsections (7) and (12) of
373	section 1002.45, Florida Statutes, are amended, and paragraph
374	(d) is added to subsection (5) of that section, to read:
375	1002.45  School district virtual instruction programs.-
376	(1)  PROGRAM.-
377	(a)  For purposes of this section, the term:
378	1.  "Approved provider" means a provider that is approved
379	by the Department of Education under subsection (2), the Florida
380	Virtual School, or a franchise of the Florida Virtual School, or
381	a community college.
382	2.  "Virtual instruction program" means a program of
383	instruction provided in an interactive learning environment
384	created through technology in which students are separated from
385	their teachers by time or space, or both, and in which a
386	Florida-certified teacher under chapter 1012 is responsible for
387	at least:
388	a.  Fifty percent of the direct instruction to students in
389	kindergarten through grade 5; or
390	b.  Eighty percent of the direct instruction to students in
391	grades 6 through 12.
392	(b)  Beginning with the 2009-2010 school year, each school
393	district shall provide eligible students within its boundaries
394	the option of participating in a virtual instruction program.
395	The purpose of the program is to make instruction available to
396	students using online and distance learning technology in the
397	nontraditional classroom. The program shall be:
398	1.  Full-time for students enrolled in kindergarten through
399	grade 12.
400	2.  Full-time or part-time for students in grades 9 through
401	12 who are enrolled in dropout prevention and academic
402	intervention programs under s. 1003.53, or Department of
403	Juvenile Justice education programs under s. 1003.52, core-
404	curricula courses to meet class size requirements under s.
405	1003.03, or community colleges under this section in grades 9
406	through 12.
407	(2)  PROVIDER QUALIFICATIONS.-
408	(a)  The department shall annually provide school districts
409	with a list of providers approved to offer virtual instruction
410	programs. To be approved by the department, a provider must
411	document that it:
412	1.  Is nonsectarian in its programs, admission policies,
413	employment practices, and operations;
414	2.  Complies with the antidiscrimination provisions of s.
415	1000.05;
416	3.  Locates an administrative office or offices in this
417	state, requires its administrative staff to be state residents,
418	requires all instructional staff to be Florida-certified
419	teachers under chapter 1012, and conducts background screenings
420	for all employees or contracted personnel, as required by s.
421	1012.32, using state and national criminal history records;
422	4.  Possesses prior, successful experience offering online
423	courses to elementary, middle, or high school students; and
424	5.  Is accredited by the Southern Association of Colleges
425	and Schools Council on Accreditation and School Improvement, the
426	North Central Association Commission on Accreditation and School
427	Improvement, the Middle States Association of Colleges and
428	Schools Commission on Elementary Schools and Commission on
429	Secondary Schools, the New England Association of Schools and
430	Colleges, the Northwest Association of Accredited Schools, the
431	Western Association of Schools and Colleges, or the Commission
432	on International and Trans-Regional Accreditation; and
433	6.  If the provider is a community college, employs
434	instructors who meet the certification requirements for
435	instructional staff under chapter 1012.
436	(5)  STUDENT ELIGIBILITY.-A student may enroll in a virtual
437	instruction program provided by the school district in which he
438	or she resides if the student meets at least one of the
439	following conditions:
440	(d)  The student has a sibling who is currently enrolled in
441	a school district virtual instruction program and that sibling
442	was enrolled in such program at the end of the prior school
443	year.
444	(7)  FUNDING.-
445	(a)  For purposes of a school district virtual instruction
446	program, "full-time equivalent student" has the same meaning as
447	provided in s. 1011.61(1)(c)1.b.(III) or (IV).
448	(b)  The school district in which the student resides shall
449	report full-time equivalent students for the school district
450	virtual instruction program to the department in a manner
451	prescribed by the department, and funding shall be provided
452	through the Florida Education Finance Program. Funds received by
453	the school district of residence for a student in a virtual
454	instruction program provided by another school district under
455	this section shall be transferred to the school district
456	providing the virtual instruction program.
457	(c)  A community college provider may not report students
458	who are served in a school district virtual instruction program
459	for funding under the Community College Program Fund.
460	(12)  STUDY.-The department shall review the advisability
461	of legislatively authorizing school districts to contract with
462	approved private providers for the provision of part-time
463	virtual instruction programs for students in grades 9 through 12
464	who are not enrolled in programs under ss. 1003.52 and 1003.53.
465	The department shall report its findings and recommendations to
466	the presiding officers of the Legislature and the Governor by
467	January 15, 2010.
468	Section 10.  Subsection (7) of section 1002.71, Florida
469	Statutes, is amended to read:
470	1002.71  Funding; financial and attendance reporting.-
471	(7)  The Agency for Workforce Innovation shall require that
472	administrative expenditures be kept to the minimum necessary for
473	efficient and effective administration of the Voluntary
474	Prekindergarten Education Program. Administrative policies and
475	procedures shall be revised, to the maximum extent practicable,
476	to incorporate the use of automation and electronic submission
477	of forms, including those required for child eligibility and
478	enrollment, provider and class registration, and monthly
479	certification of attendance for payment. A school district may
480	use its automated daily attendance reporting system for the
481	purpose of transmitting attendance records to the early learning
482	coalition in a mutually agreed-upon format. In addition, actions
483	shall be taken to reduce paperwork, eliminate the duplication of
484	reports, and eliminate other duplicative activities. Beginning
485	with the 2010-2011 2008-2009 fiscal year, each early learning
486	coalition may retain and expend no more than 4.5 4.85 percent of
487	the funds paid by the coalition to private prekindergarten
488	providers and public schools under paragraph (5)(b). Funds
489	retained by an early learning coalition under this subsection
490	may be used only for administering the Voluntary Prekindergarten
491	Education Program and may not be used for the school readiness
492	program or other programs.
493	Section 11.  Subsections (2), (3), and (4) of section
494	1003.03, Florida Statutes, are amended to read:
495	1003.03  Maximum class size.-
496	(2)  IMPLEMENTATION.-
497	(a)  The Department of Education shall annually calculate
498	class size measures described in subsection (1) based upon the
499	October student membership survey.
500	(b)  Prior to the adoption of the district school budget
501	for 2010-2011, each district school board shall hold public
502	hearings and provide information to parents on the district's
503	website, and through any other means by which the district
504	provides information to parents and the public, on the
505	district's strategies to meet the requirements in subsection
506	(1).
507	(a)  Beginning with the 2003-2004 fiscal year, each school
508	district that is not in compliance with the maximums in
509	subsection (1) shall reduce the average number of students per
510	classroom in each of the following grade groupings:
511	prekindergarten through grade 3, grade 4 through grade 8, and
512	grade 9 through grade 12, by at least two students each year.
513	(b)  Determination of the number of students per classroom
514	in paragraph (a) shall be calculated as follows:
515	1.  For fiscal years 2003-2004 through 2005-2006, the
516	calculation for compliance for each of the 3 grade groupings
517	shall be the average at the district level.
518	2.  For fiscal years 2006-2007 through 2009-2010, the
519	calculation for compliance for each of the 3 grade groupings
520	shall be the average at the school level.
521	3.  For fiscal year 2010-2011 and thereafter, the
522	calculation for compliance shall be at the individual classroom
523	level.
524	4.  For fiscal years 2006-2007 through 2009-2010 and
525	thereafter, each teacher assigned to any classroom shall be
526	included in the calculation for compliance.
527	(c)  The Department of Education shall annually calculate
528	each of the three average class size measures defined in
529	paragraphs (a) and (b) based upon the October student membership
530	survey. For purposes of determining the baseline from which each
531	district's average class size must be reduced for the 2003-2004
532	school year, the department shall use data from the February
533	2003 student membership survey updated to include classroom
534	identification numbers as required by the department.
535	(d)  Prior to the adoption of the district school budget
536	for 2004-2005, each district school board shall hold public
537	hearings to review school attendance zones in order to ensure
538	maximum use of facilities while minimizing the additional use of
539	transportation in order to comply with the two-student-per-year
540	reduction required in paragraph (a). School districts that meet
541	the constitutional class size maximums described in subsection
542	(1) are exempt from this requirement.
543	(3)  IMPLEMENTATION OPTIONS.-District school boards must
544	consider, but are not limited to, implementing the following
545	items in order to meet the constitutional class size maximums
546	described in subsection (1) and the two-student-per-year
547	reduction required in subsection (2):
548	(a)  Adopt policies to encourage qualified students to take
549	dual enrollment courses.
550	(b)  Adopt policies to encourage students to take courses
551	from the Florida Virtual School and school district virtual
552	instruction programs.
553	(c)1.  Repeal district school board policies that require
554	students to have more than 24 credits to graduate from high
555	school.
556	2.  Adopt policies to allow students to graduate from high
557	school as soon as they pass the grade 10 FCAT and complete the
558	courses required for high school graduation.
559	(d)  Use methods to maximize use of instructional staff,
560	such as changing required teaching loads and scheduling of
561	planning periods, deploying district employees that have
562	professional certification to the classroom, using adjunct
563	educators, or any other method not prohibited by law.
564	(e)  Use innovative methods to reduce the cost of school
565	construction by using prototype school designs, using SMART
566	Schools designs, participating in the School Infrastructure
567	Thrift Program, or any other method not prohibited by law.
568	(f)  Use joint-use facilities through partnerships with
569	community colleges, state universities, and private colleges and
570	universities. Joint-use facilities available for use as K-12
571	classrooms that do not meet the K-12 State Regulations for
572	Educational Facilities in the Florida Building Code may be used
573	at the discretion of the district school board provided that
574	such facilities meet all other health, life, safety, and fire
575	codes.
576	(g)  Adopt alternative methods of class scheduling, such as
577	block scheduling.
578	(h)  Redraw school attendance zones to maximize use of
579	facilities while minimizing the additional use of
580	transportation.
581	(i)  Operate schools beyond the normal operating hours to
582	provide classes in the evening or operate more than one session
583	of school during the day.
584	(j)  Use year-round schools and other nontraditional
585	calendars that do not adversely impact annual assessment of
586	student achievement.
587	(k)  Review and consider amending any collective bargaining
588	contracts that hinder the implementation of class size
589	reduction.
590	(l)  Use any other approach not prohibited by law.
591	(4)  ACCOUNTABILITY.-
592	(a)  1. Beginning in the 2003-2004 fiscal year, if the
593	department determines for any year that a school district has
594	not reduced average class size as required in subsection (2) at
595	the time of the third FEFP calculation, the department shall
596	calculate an amount from the class size reduction operating
597	categorical which is proportionate to the amount of class size
598	reduction not accomplished. Upon verification of the
599	department's calculation by the Florida Education Finance
600	Program Appropriation Allocation Conference and not later than
601	March 1 of each year, the Executive Office of the Governor shall
602	transfer undistributed funds equivalent to the calculated amount
603	from the district's class size reduction operating categorical
604	to an approved fixed capital outlay appropriation for class size
605	reduction in the affected district pursuant to s. 216.292(2)(d).
606	The amount of funds transferred shall be the lesser of the
607	amount verified by the Florida Education Finance Program
608	Appropriation Allocation Conference or the undistributed balance
609	of the district's class size reduction operating categorical.
610	2.  In lieu of the transfer required by subparagraph 1.,
611	the Commissioner of Education may recommend a budget amendment,
612	subject to approval by the Legislative Budget Commission, to
613	transfer an alternative amount of funds from the district's
614	class size reduction operating categorical to its approved fixed
615	capital outlay account for class size reduction if the
616	commissioner finds that the State Board of Education has
617	reviewed evidence indicating that a district has been unable to
618	meet class size reduction requirements despite appropriate
619	effort to do so. The commissioner's budget amendment must be
620	submitted to the Legislative Budget Commission by February 15 of
621	each year.
622	3.  For the 2007-2008 fiscal year and thereafter, if in any
623	fiscal year funds from a district's class size operating
624	categorical are required to be transferred to its fixed capital
625	outlay fund and the district's class size operating categorical
626	allocation in the General Appropriations Act for that fiscal
627	year has been reduced by a subsequent appropriation, the
628	Commissioner of Education may recommend a 50-percent reduction
629	in the amount of the transfer.
630	(a)(b)  Beginning in the 2010-2011 fiscal year and each
631	year thereafter, If the department determines that the number of
632	students assigned to any individual class exceeds the class size
633	maximum, as required in subsection (1)(2), based upon the
634	October student membership survey at the time of the third FEFP
635	calculation, the department shall:
636	1.  Identify, for each grade group, the number of classes
637	in which the enrollment exceeds the maximum, the number of
638	students which exceeds the maximum for each class, and the total
639	number of students which exceeds the maximum for all classes.
640	2.  Determine the number of FTE full-time equivalent
641	students which exceeds the maximum class size for each grade
642	group.
643	3.  Multiply the total number of FTE students which exceeds
644	the maximum class size for each grade group by the district's
645	FTE dollar amount of the class size categorical class-size-
646	reduction allocation for that year and calculate the total for
647	all three grade groups.
648	4.  Multiply the total number of FTE students which exceeds
649	the maximum for all classes by an amount equal to 50 percent of
650	the base student allocation adjusted by the district cost
651	differential for the 2010-2011 fiscal year and by an amount
652	equal to the base student allocation adjusted by the district
653	cost differential beginning in the 2011-2012 fiscal year and
654	thereafter.
655	5.4.  Reduce the district's class size class-size-reduction
656	operating categorical allocation by an amount equal to the sum
657	of the calculations calculation in subparagraphs subparagraph 3.
658	and 4.
659	(b)  The amount of funds reduced shall be the lesser of the
660	amount calculated in paragraph (a) or the undistributed balance
661	of the district's class size categorical allocation. The Florida
662	Education Finance Program Appropriation Allocation Conference
663	shall verify the department's calculation in paragraph (a). The
664	commissioner may withhold distribution of the class size
665	categorical allocation to the extent necessary to comply with
666	paragraph (a).
667	(c)  Upon verification of the department's calculation by
668	the Florida Education Finance Program Appropriation Allocation
669	Conference and no later than March 1 of each year, the Executive
670	Office of the Governor shall place these funds in reserve, and
671	the undistributed funds shall revert to the General Revenue Fund
672	unallocated at the end of the fiscal year. The amount of funds
673	reduced shall be the lesser of the amount verified by the
674	Florida Education Finance Program Appropriation Allocation
675	Conference or the undistributed balance of the district's class-
676	size-reduction operating categorical allocation.
677	(c)(d)  In lieu of the reduction calculation in paragraph
678	(a)(b), if the Commissioner of Education has evidence that a
679	district was unable to meet the class size requirements despite
680	appropriate efforts to do so or because of an extreme emergency,
681	the commissioner may recommend by February 15 a budget
682	amendment, subject to approval of the Legislative Budget
683	Commission, the reduction of to reduce an alternate alternative
684	amount of funds from the district's class size class-size-
685	reduction operating categorical allocation. The commissioner's
686	budget amendment must be submitted to the Legislative Budget
687	Commission by February 15 of each year.
688	(d)  Upon approval of the reduction calculation in
689	paragraphs (a)-(c), the commissioner must prepare a reallocation
690	of the funds made available for the districts that have fully
691	met the class size requirements. The funds shall be reallocated
692	by calculating an amount of up to 5 percent of the base student
693	allocation multiplied by the total district FTE students. The
694	reallocation total may not exceed 25 percent of the total funds
695	reduced.
696	(e)  Each district that has not complied with the
697	requirements in subsection (1) shall submit to the commissioner
698	by February 15 a plan certified by the district school board
699	that describes the specific actions the district will take in
700	order to fully comply with the requirements in subsection (1) by
701	October of the following school year. If a district submits the
702	certified plan by the required deadline, the funds remaining
703	after the reallocation calculation in paragraph (d) shall be
704	added back to the district's class size categorical allocation
705	based on each qualifying district's proportion of the total
706	reduction for all qualifying districts for which a reduction was
707	calculated in paragraphs (a)-(c). However, no district shall
708	have an amount added back that is greater than the amount that
709	was reduced.
710	(f)  The department shall adjust school district class size
711	reduction categorical allocation distributions based on the
712	calculations in paragraphs (a)-(e).
713	(e)  In addition to the calculation required in paragraph
714	(a), at the time of the third FEFP calculation for the 2009-2010
715	fiscal year, the department shall also prepare a simulated
716	calculation based on the requirements in paragraphs (b) and (c).
717	This simulated calculation shall be provided to the school
718	districts and the Legislature.
719	Section 12.  Effective upon approval by the electors of
720	Senate Joint Resolution 2 in the 2010 General Election and
721	retroactive to the beginning of the 2010-2011 school year,
722	subsections (1) through (4) of section 1003.03, Florida
723	Statutes, are amended to read:
724	1003.03  Maximum class size.-
725	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.-Pursuant to s. 1,
726	Art. IX of the State Constitution, beginning in the 2010-2011
727	school year:
728	(a)  The average number of students at the school level
729	assigned to each teacher who is teaching core-curricula courses
730	in public school classrooms for prekindergarten through grade 3
731	may not exceed 18 students, and the maximum number of students
732	assigned to a teacher in an individual classroom may not exceed
733	21 students.
734	(b)  The average number of students at the school level
735	assigned to each teacher who is teaching core-curricula courses
736	in public school classrooms for grades 4 through 8 may not
737	exceed 22 students, and the maximum number of students assigned
738	to a teacher in an individual classroom may not exceed 27
739	students.
740	(c)  The average number of students at the school level
741	assigned to each teacher who is teaching core-curricula courses
742	in public school classrooms for grades 9 through 12 may not
743	exceed 25 students, and the maximum number of students assigned
744	to a teacher in an individual classroom may not exceed 30
745	students.
746	(a)  The maximum number of students assigned to each
747	teacher who is teaching core-curricula courses in public school
748	classrooms for prekindergarten through grade 3 may not exceed 18
749	students.
750	(b)  The maximum number of students assigned to each
751	teacher who is teaching core-curricula courses in public school
752	classrooms for grades 4 through 8 may not exceed 22 students.
753	(c)  The maximum number of students assigned to each
754	teacher who is teaching core-curricula courses in public school
755	classrooms for grades 9 through 12 may not exceed 25 students.
756	(2)  IMPLEMENTATION.-
757	(a)  The Department of Education shall annually calculate
758	class size measures as described in subsection (1) based upon
759	the October student membership survey.
760	(b)  The calculation for compliance for each of the three
761	grade groups shall be the number of students assigned to each
762	teacher in an individual classroom and the average number of
763	students at the school level assigned to each teacher. Each
764	teacher assigned to any classroom shall be included in the
765	calculation for compliance.
766	(a)  Beginning with the 2003-2004 fiscal year, each school
767	district that is not in compliance with the maximums in
768	subsection (1) shall reduce the average number of students per
769	classroom in each of the following grade groupings:
770	prekindergarten through grade 3, grade 4 through grade 8, and
771	grade 9 through grade 12, by at least two students each year.
772	(b)  Determination of the number of students per classroom
773	in paragraph (a) shall be calculated as follows:
774	1.  For fiscal years 2003-2004 through 2005-2006, the
775	calculation for compliance for each of the 3 grade groupings
776	shall be the average at the district level.
777	2.  For fiscal years 2006-2007 through 2009-2010, the
778	calculation for compliance for each of the 3 grade groupings
779	shall be the average at the school level.
780	3.  For fiscal year 2010-2011 and thereafter, the
781	calculation for compliance shall be at the individual classroom
782	level.
783	4.  For fiscal years 2006-2007 through 2009-2010 and
784	thereafter, each teacher assigned to any classroom shall be
785	included in the calculation for compliance.
786	(c)  The Department of Education shall annually calculate
787	each of the three average class size measures defined in
788	paragraphs (a) and (b) based upon the October student membership
789	survey. For purposes of determining the baseline from which each
790	district's average class size must be reduced for the 2003-2004
791	school year, the department shall use data from the February
792	2003 student membership survey updated to include classroom
793	identification numbers as required by the department.
794	(d)  Prior to the adoption of the district school budget
795	for 2004-2005, each district school board shall hold public
796	hearings to review school attendance zones in order to ensure
797	maximum use of facilities while minimizing the additional use of
798	transportation in order to comply with the two-student-per-year
799	reduction required in paragraph (a). School districts that meet
800	the constitutional class size maximums described in subsection
801	(1) are exempt from this requirement.
802	(3)  IMPLEMENTATION OPTIONS.-District school boards must
803	consider, but are not limited to, implementing the following
804	items in order to meet the constitutional class size maximums
805	described in subsection (1) and the two-student-per-year
806	reduction required in subsection (2):
807	(a)  Adopt policies to encourage qualified students to take
808	dual enrollment courses.
809	(b)  Adopt policies to encourage students to take courses
810	from the Florida Virtual School and school district virtual
811	instruction programs.
812	(c)1.  Repeal district school board policies that require
813	students to have more than 24 credits to graduate from high
814	school.
815	2.  Adopt policies to allow students to graduate from high
816	school as soon as they pass the grade 10 FCAT and complete the
817	courses required for high school graduation.
818	(d)  Use methods to maximize use of instructional staff,
819	such as changing required teaching loads and scheduling of
820	planning periods, deploying district employees that have
821	professional certification to the classroom, using adjunct
822	educators, or any other method not prohibited by law.
823	(e)  Use innovative methods to reduce the cost of school
824	construction by using prototype school designs, using SMART
825	Schools designs, participating in the School Infrastructure
826	Thrift Program, or any other method not prohibited by law.
827	(f)  Use joint-use facilities through partnerships with
828	community colleges, state universities, and private colleges and
829	universities. Joint-use facilities available for use as K-12
830	classrooms that do not meet the K-12 State Regulations for
831	Educational Facilities in the Florida Building Code may be used
832	at the discretion of the district school board provided that
833	such facilities meet all other health, life, safety, and fire
834	codes.
835	(g)  Adopt alternative methods of class scheduling, such as
836	block scheduling.
837	(h)  Redraw school attendance zones to maximize use of
838	facilities while minimizing the additional use of
839	transportation.
840	(i)  Operate schools beyond the normal operating hours to
841	provide classes in the evening or operate more than one session
842	of school during the day.
843	(j)  Use year-round schools and other nontraditional
844	calendars that do not adversely impact annual assessment of
845	student achievement.
846	(k)  Review and consider amending any collective bargaining
847	contracts that hinder the implementation of class size
848	reduction.
849	(l)  Use any other approach not prohibited by law.
850	(4)  ACCOUNTABILITY.-
851	(a)  If the department determines that the number of
852	students assigned to any individual classroom exceeds the
853	classroom maximum, or if the department determines that the
854	school average is greater than the school-level maximum, as
855	required in subsection (1) based upon the October student
856	membership survey, the department shall for each of the three
857	grade groups:
858	1.  Identify the number of FTE students in an individual
859	classroom which is greater than the classroom maximum and the
860	number of FTE students which is greater than the school-level
861	average maximum, not including the number of FTE students which
862	is greater than the classroom maximum.
863	2.  Multiply the total number of FTE students as calculated
864	in subparagraph 1. which exceeds the maximum for each grade
865	group by the district's FTE dollar amount of the class size
866	categorical allocation for that year and calculate the total
867	dollar amount for all three grade groups.
868	3.  Multiply the total number of FTE students as calculated
869	in subparagraph 1. which exceeds the maximum by an amount equal
870	to 50 percent of the base student allocation adjusted by the
871	district cost differential for the 2010-2011 fiscal year and
872	beginning in the 2011-2012 fiscal year by an amount equal to the
873	base student allocation adjusted by the district cost
874	differential.
875	4.  Reduce the district's class size categorical allocation
876	by an amount equal to the sum of the calculations in
877	subparagraphs 2. and 3.
878	(b)  The amount of funds reduced shall be the lesser of the
879	amount calculated in paragraph (a) or the undistributed balance
880	of the district's class size categorical allocation. The Florida
881	Education Finance Program Appropriation Allocation Conference
882	shall verify the department's calculation in paragraph (a). The
883	commissioner may withhold distribution of the class size
884	categorical allocation to the extent necessary to comply with
885	paragraph (a).
886	(a)1.  Beginning in the 2003-2004 fiscal year, if the
887	department determines for any year that a school district has
888	not reduced average class size as required in subsection (2) at
889	the time of the third FEFP calculation, the department shall
890	calculate an amount from the class size reduction operating
891	categorical which is proportionate to the amount of class size
892	reduction not accomplished. Upon verification of the
893	department's calculation by the Florida Education Finance
894	Program Appropriation Allocation Conference and not later than
895	March 1 of each year, the Executive Office of the Governor shall
896	transfer undistributed funds equivalent to the calculated amount
897	from the district's class size reduction operating categorical
898	to an approved fixed capital outlay appropriation for class size
899	reduction in the affected district pursuant to s. 216.292(2)(d).
900	The amount of funds transferred shall be the lesser of the
901	amount verified by the Florida Education Finance Program
902	Appropriation Allocation Conference or the undistributed balance
903	of the district's class size reduction operating categorical.
904	2.  In lieu of the transfer required by subparagraph 1.,
905	the Commissioner of Education may recommend a budget amendment,
906	subject to approval by the Legislative Budget Commission, to
907	transfer an alternative amount of funds from the district's
908	class size reduction operating categorical to its approved fixed
909	capital outlay account for class size reduction if the
910	commissioner finds that the State Board of Education has
911	reviewed evidence indicating that a district has been unable to
912	meet class size reduction requirements despite appropriate
913	effort to do so. The commissioner's budget amendment must be
914	submitted to the Legislative Budget Commission by February 15 of
915	each year.
916	3.  For the 2007-2008 fiscal year and thereafter, if in any
917	fiscal year funds from a district's class size operating
918	categorical are required to be transferred to its fixed capital
919	outlay fund and the district's class size operating categorical
920	allocation in the General Appropriations Act for that fiscal
921	year has been reduced by a subsequent appropriation, the
922	Commissioner of Education may recommend a 50-percent reduction
923	in the amount of the transfer.
924	(b)  Beginning in the 2010-2011 fiscal year and each year
925	thereafter, if the department determines that the number of
926	students assigned to any individual class exceeds the class size
927	maximum, as required in subsection (2), at the time of the third
928	FEFP calculation, the department shall:
929	1.  Identify, for each grade group, the number of classes
930	in which the enrollment exceeds the maximum, the number of
931	students which exceeds the maximum for each class, and the total
932	number of students which exceeds the maximum for all classes.
933	2.  Determine the number of full-time equivalent students
934	which exceeds the maximum class size for each grade group.
935	3.  Multiply the total number of FTE students which exceeds
936	the maximum class size for each grade group by the district's
937	FTE dollar amount of the class-size-reduction allocation for
938	that year and calculate the total for all three grade groups.
939	4.  Reduce the district's class-size-reduction operating
940	categorical allocation by an amount equal to the sum of the
941	calculation in subparagraph 3.
942	(c)  Upon verification of the department's calculation by
943	the Florida Education Finance Program Appropriation Allocation
944	Conference and no later than March 1 of each year, the Executive
945	Office of the Governor shall place these funds in reserve, and
946	the undistributed funds shall revert to the General Revenue Fund
947	unallocated at the end of the fiscal year. The amount of funds
948	reduced shall be the lesser of the amount verified by the
949	Florida Education Finance Program Appropriation Allocation
950	Conference or the undistributed balance of the district's class-
951	size-reduction operating categorical allocation.
952	(c)(d)  In lieu of the reduction calculation in paragraph
953	(a)(b), if the Commissioner of Education has evidence that a
954	district was unable to meet the class size requirements despite
955	appropriate efforts to do so or because of an extreme emergency,
956	the commissioner may recommend by February 15 a budget
957	amendment, subject to approval of the Legislative Budget
958	Commission, the reduction of to reduce an alternate alternative
959	amount of funds from the district's class size class-size-
960	reduction operating categorical allocation. The commissioner's
961	budget amendment must be submitted to the Legislative Budget
962	Commission by February 15 of each year.
963	(d)  Upon approval of the reduction calculation in
964	paragraphs (a)-(c), the commissioner must prepare a reallocation
965	of the funds made available for the districts that have fully
966	met the class size requirements. The funds shall be reallocated
967	by calculating an amount of up to 5 percent of the base student
968	allocation multiplied by the total district FTE students. The
969	reallocation total may not exceed 25 percent of the total funds
970	reduced.
971	(e)  Each district that has not complied with the
972	requirements in subsection (1) shall submit to the commissioner
973	by February 15 a plan certified by the district school board
974	that describes the specific actions the district will take in
975	order to fully comply with the requirements in subsection (1) by
976	October of the following school year. If a district submits the
977	certified plan by the required deadline, the funds remaining
978	after the reallocation calculation in paragraph (d) shall be
979	added back to the district's class size categorical allocation
980	based on each qualifying district's proportion of the total
981	reduction for all qualifying districts for which a reduction was
982	calculated in paragraphs (a)-(c). However, no district shall
983	have an amount added back that is greater than the amount that
984	was reduced.
985	(f)  The department shall adjust school district class size
986	reduction categorical allocation distributions based on the
987	calculations in paragraphs (a)-(e).
988	(e)  In addition to the calculation required in paragraph
989	(a), at the time of the third FEFP calculation for the 2009-2010
990	fiscal year, the department shall also prepare a simulated
991	calculation based on the requirements in paragraphs (b) and (c).
992	This simulated calculation shall be provided to the school
993	districts and the Legislature.
994	Section 13.  Paragraph (h) of subsection (2) of section
995	1003.42, Florida Statutes, is amended to read:
996	1003.42  Required instruction.-
997	(2)  Members of the instructional staff of the public
998	schools, subject to the rules of the State Board of Education
999	and the district school board, shall teach efficiently and
1000	faithfully, using the books and materials required that meet the
1001	highest standards for professionalism and historic accuracy,
1002	following the prescribed courses of study, and employing
1003	approved methods of instruction, the following:
1004	(h)  The history of African Americans, including the
1005	history of African peoples before the political conflicts that
1006	led to the development of slavery, the passage to America, the
1007	enslavement experience, abolition, and the contributions of
1008	African Americans to society. Instructional materials shall
1009	include the contributions of African Americans to American
1010	society.
1011
1012	The State Board of Education is encouraged to adopt standards
1013	and pursue assessment of the requirements of this subsection.
1014	Section 14.  Subsection (2) of section 1003.492, Florida
1015	Statutes, is amended to read:
1016	1003.492  Industry-certified career education programs.-
1017	(2)  The State Board of Education shall use the expertise
1018	of Workforce Florida, Inc., and Enterprise Florida, Inc., to
1019	develop and adopt rules pursuant to ss. 120.536(1) and 120.54
1020	for implementing an industry certification process. Industry
1021	certification shall be defined by the Agency for Workforce
1022	Innovation, based upon the highest available national standards
1023	for specific industry certification, to ensure student skill
1024	proficiency and to address emerging labor market and industry
1025	trends. A regional workforce board or a career and professional
1026	academy may apply to Workforce Florida, Inc., to request
1027	additions to the approved list of industry certifications based
1028	on high-demand job requirements in the regional economy. The
1029	list of industry certifications approved by Workforce Florida,
1030	Inc., and the Department of Education shall be published and
1031	updated annually by a date certain, to be included in the
1032	adopted rule.
1033	Section 15.  Subsection (15) of section 1003.52, Florida
1034	Statutes, is amended to read:
1035	1003.52  Educational services in Department of Juvenile
1036	Justice programs.-
1037	(15)(a)  The Department of Education in consultation with
1038	the Department of Juvenile Justice, district school boards, and
1039	providers shall establish objective and measurable quality
1040	assurance standards for the educational component of residential
1041	and nonresidential juvenile justice facilities. These standards
1042	shall rate the district school board's performance both as a
1043	provider and contractor. The quality assurance rating for the
1044	educational component shall be disaggregated from the overall
1045	quality assurance score and reported separately.
1046	(b)  The Department of Education shall develop a
1047	comprehensive quality assurance review process and schedule for
1048	the evaluation of the educational component in juvenile justice
1049	programs. The Department of Juvenile Justice quality assurance
1050	site visit and the education quality assurance site visit shall
1051	be conducted during the same visit.
1052	(c)  The Department of Education, in consultation with
1053	district school boards and providers, shall establish minimum
1054	thresholds for the standards and key indicators for educational
1055	programs in juvenile justice facilities. If a district school
1056	board fails to meet the established minimum standards, it will
1057	be given 6 months to achieve compliance with the standards. If
1058	after 6 months, the district school board's performance is still
1059	below minimum standards, the Department of Education shall
1060	exercise sanctions as prescribed by rules adopted by the State
1061	Board of Education. If a provider, under contract with the
1062	district school board, fails to meet minimum standards, such
1063	failure shall cause the district school board to cancel the
1064	provider's contract unless the provider achieves compliance
1065	within 6 months or unless there are documented extenuating
1066	circumstances.
1067	(d)  The requirements in paragraphs (a), (b), and (c) shall
1068	be implemented to the extent that funds are available.
1069	Section 16.  Section 1004.925, Florida Statutes, is amended
1070	to read:
1071	1004.925  Automotive service technology education programs;
1072	certification.-
1073	(1)  All automotive service technology education programs
1074	shall be industry certified in accordance with rules adopted by
1075	the State Board of Education by 2007.
1076	(2)  New automotive service technology education programs
1077	and automotive service technology education programs that are in
1078	the process of becoming industry certified shall have 3 years to
1079	become certified.
1080	(3)  Effective with the 2013-2014 fiscal year, students
1081	enrolled in an automotive service technology education program
1082	that is not industry certified pursuant to this section shall
1083	not be eligible to be reported for state funding.
1084	Section 17.  Subsection (1) of section 1006.28, Florida
1085	Statutes, is amended to read:
1086	1006.28  Duties of district school board, district school
1087	superintendent; and school principal regarding K-12
1088	instructional materials.-
1089	(1)  DISTRICT SCHOOL BOARD.-The district school board has
1090	the duty to provide adequate instructional materials for all
1091	students in accordance with the requirements of this part. The
1092	term "adequate instructional materials" means a sufficient
1093	number of textbooks or sets of materials that are available in
1094	bound, unbound, kit, or package form and may consist of hard-
1095	backed or soft-backed textbooks, electronic content,
1096	consumables, learning laboratories, manipulatives, electronic
1097	media, and computer courseware or software that serve as the
1098	basis for instruction for each student in the core courses of
1099	mathematics, language arts, social studies, science, reading,
1100	and literature, except for instruction for which the school
1101	advisory council approves the use of a program that does not
1102	include a textbook as a major tool of instruction. The district
1103	school board has the following specific duties:
1104	(a)  Courses of study; adoption.-Adopt courses of study for
1105	use in the schools of the district.
1106	(b)  Textbooks.-Provide for proper requisitioning,
1107	distribution, accounting, storage, care, and use of all
1108	instructional materials furnished by the state and furnish such
1109	other instructional materials as may be needed. The district
1110	school board shall assure that instructional materials used in
1111	the district are consistent with the district goals and
1112	objectives and the curriculum frameworks adopted by rule of the
1113	State Board of Education, as well as with the state and district
1114	performance standards provided for in s. 1001.03(1).
1115	(c)  Other instructional materials.-Provide such other
1116	teaching accessories and aids as are needed for the school
1117	district's educational program.
1118	(d)  School library media services; establishment and
1119	maintenance.-Establish and maintain a program of school library
1120	media services for all public schools in the district, including
1121	school library media centers, or school library media centers
1122	open to the public, and, in addition such traveling or
1123	circulating libraries as may be needed for the proper operation
1124	of the district school system.
1125	Section 18.  Section 1006.281, Florida Statutes, is created
1126	to read:
1127	1006.281  Learning management systems.-
1128	(1)  To ensure that all school districts have equitable
1129	access to digitally rich instructional materials, districts are
1130	encouraged to provide access to an electronic learning
1131	management system that allows teachers, students, and parents to
1132	access, organize, and use electronically available instructional
1133	materials and teaching and learning tools and resources, and
1134	that enables teachers to manage, assess, and track student
1135	learning.
1136	(2)  To the extent fiscally and technologically feasible, a
1137	school district's electronic learning management system should
1138	allow for a single, authenticated sign-on and include the
1139	following functionality:
1140	(a)  Vertically searches for, gathers, and organizes
1141	specific standards-based instructional materials.
1142	(b)  Enables teachers to prepare lessons, individualize
1143	student instruction, and use best practices in providing
1144	instruction.
1145	(c)  Provides communication, including access to up-to-date
1146	student performance data, in order to help teachers and parents
1147	better serve the needs of students.
1148	(d)  Provides access for administrators to ensure quality
1149	of instruction within every classroom.
1150	(e)  Provides access to multiple content providers.
1151	(3)  The Department of Education shall provide assistance
1152	as requested by school districts in their deployment of a
1153	district electronic learning management system.
1154	Section 19.  Subsection (4) of section 1006.29, Florida
1155	Statutes, is amended to read:
1156	1006.29 State instructional materials committees.-
1157	(4)  For purposes of state adoption, "instructional
1158	materials" means items having intellectual content that by
1159	design serve as a major tool for assisting in the instruction of
1160	a subject or course. These items may be available in bound,
1161	unbound, kit, or package form and may consist of hardbacked or
1162	softbacked textbooks, electronic content, consumables, learning
1163	laboratories, manipulatives, electronic media, and computer
1164	courseware or software. A publisher or manufacturer providing
1165	instructional materials as a single bundle shall also make the
1166	instructional materials available as separate and unbundled
1167	items, each priced individually. Any instructional materials
1168	adopted after 2012-2013 for students in grades 9 through 12
1169	shall also be provided in an electronic format. The term does
1170	not include electronic or computer hardware even if such
1171	hardware is bundled with software or other electronic media, nor
1172	does it include equipment or supplies.
1173	Section 20.  Paragraph (b) of subsection (1) of section
1174	1006.33, Florida Statutes, is amended to read:
1175	1006.33  Bids or proposals; advertisement and its
1176	contents.-
1177	(1)
1178	(b)  The advertisement shall state that, beginning in 2010-
1179	2011, each bidder shall furnish electronic specimen copies of
1180	all instructional materials submitted, at a time designated by
1181	the department, which specimen copies shall be identical with
1182	the copies approved and accepted by the members of the state
1183	instructional materials committee, as prescribed in this
1184	section, and with the copies furnished to the department and
1185	district school superintendents, as provided in this part. Any
1186	district school superintendent who requires samples in addition
1187	to the electronic format must request those samples through the
1188	department.
1189	Section 21.  Subsection (4) of section 1006.40, Florida
1190	Statutes, is amended to read:
1191	1006.40  Use of instructional materials allocation;
1192	instructional materials, library books, and reference books;
1193	repair of books.-
1194	(4)  The funds described in subsection (3) which district
1195	school boards may use to purchase materials not on the state-
1196	adopted list shall be used for the purchase of instructional
1197	materials or other items having intellectual content which
1198	assist in the instruction of a subject or course. These items
1199	may be available in bound, unbound, kit, or package form and may
1200	consist of hardbacked or softbacked textbooks, electronic
1201	content, replacements for items which were part of previously
1202	purchased instructional materials, consumables, learning
1203	laboratories, manipulatives, electronic media, computer
1204	courseware or software, and other commonly accepted
1205	instructional tools as prescribed by district school board rule.
1206	The funds available to district school boards for the purchase
1207	of materials not on the state-adopted list may not be used to
1208	purchase electronic or computer hardware even if such hardware
1209	is bundled with software or other electronic media unless the
1210	district school board has complied with the requirements in s.
1211	1011.62(6)(b)5., nor may such funds be used to purchase
1212	equipment or supplies. However, when authorized to do so in the
1213	General Appropriations Act, a school or district school board
1214	may use a portion of the funds available to it for the purchase
1215	of materials not on the state-adopted list to purchase science
1216	laboratory materials and supplies.
1217	Section 22.  Subsection (1) of section 1007.27, Florida
1218	Statutes, is amended to read:
1219	1007.27  Articulated acceleration mechanisms.-
1220	(1)  It is the intent of the Legislature that a variety of
1221	articulated acceleration mechanisms be available for secondary
1222	and postsecondary students attending public educational
1223	institutions. It is intended that articulated acceleration serve
1224	to shorten the time necessary for a student to complete the
1225	requirements associated with the conference of a high school
1226	diploma and a postsecondary degree, broaden the scope of
1227	curricular options available to students, or increase the depth
1228	of study available for a particular subject. Articulated
1229	acceleration mechanisms shall include, but not be limited to,
1230	dual enrollment as provided for in s. 1007.271, early admission,
1231	advanced placement, credit by examination, the International
1232	Baccalaureate Program, and the Advanced International
1233	Certificate of Education Program. Credit earned through the
1234	Florida Virtual School shall provide additional opportunities
1235	for early graduation and acceleration. Students of Florida
1236	public secondary schools enrolled pursuant to this subsection
1237	shall be deemed authorized users of the state-funded electronic
1238	library resources that are licensed for Florida colleges and
1239	state universities by the Florida Center for Library Automation
1240	and the College Center for Library Automation. Verification of
1241	eligibility shall be in accordance with rules established by the
1242	State Board of Education and regulations established by the
1243	Board of Governors and processes implemented by Florida colleges
1244	and state universities.
1245	Section 23. Section 1010.79, Florida Statutes, is amended
1246	to read:
1247	1010.79  Sophomore Level Test Trust Fund.-Chapter 99-26,
1248	Laws of Florida, re-created the Sophomore Level Test Trust Fund
1249	to record revenue and disbursements of examination fees received
1250	by the Department of Education as authorized in s. 1008.29.
1251	Effective July 1, 2010, funds remaining in the Sophomore Level
1252	Test Trust Fund may be used for any purpose authorized by the
1253	Legislature.
1254	Section 24.  Section 1011.03, Florida Statutes, is amended
1255	to read:
1256	1011.03  Public hearings; budget to be submitted to
1257	Department of Education.-
1258	(1)  Each district school board must cause a summary of its
1259	tentative budget, including the proposed millage levies as
1260	provided for by law, and graphs illustrating a historical
1261	summary of financial and demographic data, to be posted online
1262	and advertised at least one time as a full-page advertisement in
1263	a the newspaper of general with the largest circulation
1264	published in the district or to be posted at the courthouse door
1265	if there be no such newspaper.
1266	(2)(a)  The advertisement must include a graph illustrating
1267	the historical summary of financial and demographic data for
1268	each of the following data values which shall be plotted along
1269	the vertical axis of each graph:
1270	1.  Total revenue provided to the school district from all
1271	sources for the corresponding fiscal year, including all
1272	federal, state, and local revenue.
1273	2.  Total revenue provided to the school district for the
1274	corresponding fiscal year for current operations.
1275	3.  Total revenue provided to the school district for the
1276	corresponding fiscal year for fixed capital outlay projects.
1277	4.  Total revenue provided to the school district for the
1278	corresponding fiscal year for debt service.
1279	5.  Total number of unweighted full-time equivalent
1280	students, inclusive of all programs listed in s. 1011.62.
1281	6.  Total revenue provided to the school district for
1282	current operations divided by the number of unweighted full-time
1283	equivalent students for the corresponding fiscal year.
1284	7.  Total number of employees of the school district for
1285	the corresponding fiscal year.
1286	8.  Total number of employees of the school district
1287	classified as instructional personnel under s. 1012.01 for the
1288	corresponding fiscal year.
1289	(b)  Each graph must include a separate histogram
1290	corresponding to the financial and demographic data for each of
1291	the following fiscal years, which shall be plotted along the
1292	horizontal axis of each graph:
1293	1.  Current fiscal year.
1294	2.  Fiscal year that is 5 years before the current fiscal
1295	year.
1296	3.  Fiscal year that is 10 years before the current fiscal
1297	year.
1298	(c)  The numeric value of the financial and demographic
1299	data corresponding to each histogram must be included in each
1300	graph.
1301	(2)(3)  The advertisement of a district that has been
1302	required by the Legislature to increase classroom expenditures
1303	pursuant to s. 1011.64 must include the following statement:
1304
1305	"This proposed budget reflects an increase in classroom
1306	expenditures as a percent of total current operating
1307	expenditures of XX percent over the (previous fiscal year)
1308	fiscal year. This increase in classroom expenditures is required
1309	by the Legislature because the district has performed below the
1310	required performance standard on XX of XX student performance
1311	standards for the (previous school year) school year. In order
1312	to achieve the legislatively required level of classroom
1313	expenditures as a percentage of total operating expenditures,
1314	the proposed budget includes an increase in overall classroom
1315	expenditures of $XX,XXX,XXX above the amount spent for this same
1316	purpose during the (previous fiscal year) fiscal year. In order
1317	to achieve improved student academic performance, this proposed
1318	increase is being budgeted for the following activities:
1319	...(list activities and amount budgeted)...."
1320	(3)(4)  The advertisement shall appear adjacent to the
1321	advertisement required pursuant to s. 200.065. The State Board
1322	of Education may adopt rules necessary to provide specific
1323	requirements for the format of the advertisement.
1324	(4)(5)  The board shall hold public hearings to adopt
1325	tentative and final budgets pursuant to s. 200.065. The hearings
1326	shall be primarily for the purpose of hearing requests and
1327	complaints from the public regarding the budgets and the
1328	proposed tax levies and for explaining the budget and proposed
1329	or adopted amendments thereto, if any. The district school board
1330	shall then require the superintendent to transmit forthwith two
1331	copies of the adopted budget to the Department of Education for
1332	approval as prescribed by law and rules of the State Board of
1333	Education.
1334	Section 25.  Paragraphs (m) and (p) of subsection (1),
1335	paragraphs (a) and (b) of subsection (4), paragraph (b) of
1336	subsection (6), paragraph (d) of subsection (7), and paragraph
1337	(a) of subsection (12) of section 1011.62, Florida Statutes, are
1338	amended, and subsection (13) is added to that section, to read:
1339	1011.62  Funds for operation of schools.-If the annual
1340	allocation from the Florida Education Finance Program to each
1341	district for operation of schools is not determined in the
1342	annual appropriations act or the substantive bill implementing
1343	the annual appropriations act, it shall be determined as
1344	follows:
1345	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1346	OPERATION.-The following procedure shall be followed in
1347	determining the annual allocation to each district for
1348	operation:
1349	(m)  Calculation of additional full-time equivalent
1350	membership based on International Baccalaureate examination
1351	scores of students.-A value of 0.16 full-time equivalent student
1352	membership shall be calculated for each student enrolled in an
1353	International Baccalaureate course who receives a score of 4 or
1354	higher on a subject examination. A value of 0.3 full-time
1355	equivalent student membership shall be calculated for each
1356	student who receives an International Baccalaureate diploma.
1357	Such value shall be added to the total full-time equivalent
1358	student membership in basic programs for grades 9 through 12 in
1359	the subsequent fiscal year. Each school district shall allocate
1360	80 percent of the funds received from International
1361	Baccalaureate bonus FTE funding to the school program whose
1362	students generate the funds and to school programs that prepare
1363	prospective students to enroll in International Baccalaureate
1364	courses. Funds shall be expended solely for the payment of
1365	allowable costs associated with the International Baccalaureate
1366	program. Allowable costs include International Baccalaureate
1367	annual school fees; International Baccalaureate examination
1368	fees; salary, benefits, and bonuses for teachers and program
1369	coordinators for the International Baccalaureate program and
1370	teachers and coordinators who prepare prospective students for
1371	the International Baccalaureate program; supplemental books;
1372	instructional supplies; instructional equipment or instructional
1373	materials for International Baccalaureate courses; other
1374	activities that identify prospective International Baccalaureate
1375	students or prepare prospective students to enroll in
1376	International Baccalaureate courses; and training or
1377	professional development for International Baccalaureate
1378	teachers. School districts shall allocate the remaining 20
1379	percent of the funds received from International Baccalaureate
1380	bonus FTE funding for programs that assist academically
1381	disadvantaged students to prepare for more rigorous courses. The
1382	school district shall distribute to each classroom teacher who
1383	provided International Baccalaureate instruction:
1384	1.  A bonus in the amount of $50 for each student taught by
1385	the International Baccalaureate teacher in each International
1386	Baccalaureate course who receives a score of 4 or higher on the
1387	International Baccalaureate examination.
1388	2.  An additional bonus of $500 to each International
1389	Baccalaureate teacher in a school designated with a grade of "D"
1390	or "F" who has at least one student scoring 4 or higher on the
1391	International Baccalaureate examination, regardless of the
1392	number of classes taught or of the number of students scoring a
1393	4 or higher on the International Baccalaureate examination.
1394
1395	Bonuses awarded to a teacher according to this paragraph shall
1396	not exceed $2,000 in any given school year and shall be in
1397	addition to any regular wage or other bonus the teacher received
1398	or is scheduled to receive.
1399	(p)  Calculation of additional full-time equivalent
1400	membership based on certification of successful completion of
1401	industry-certified career and professional academy programs
1402	pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
1403	in the Industry Certified Funding List pursuant to rules adopted
1404	by the State Board of Education.-A value of 0.3 full-time
1405	equivalent student membership shall be calculated for each
1406	student who completes an industry-certified career and
1407	professional academy program under ss. 1003.491, 1003.492, and
1408	1003.493 and who is issued the highest level of industry
1409	certification identified annually in the Industry Certification
1410	Funding List approved under rules adopted by the State Board of
1411	Education and a high school diploma. Such value shall be added
1412	to the total full-time equivalent student membership in
1413	secondary career education programs for grades 9 through 12 in
1414	the subsequent year for courses that were not funded through
1415	dual enrollment. The additional full-time equivalent membership
1416	authorized under this paragraph may not exceed 0.3 per student.
1417	Each district must allocate at least 80 percent of the funds
1418	provided for industry certification, in accordance with this
1419	paragraph, to the program that generated the funds. Unless a
1420	different amount is specified in the General Appropriations Act,
1421	the appropriation for this calculation is limited to $15 million
1422	annually. If the appropriation is insufficient to fully fund the
1423	total calculation, the appropriation shall be prorated.
1424	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.-The
1425	Legislature shall prescribe the aggregate required local effort
1426	for all school districts collectively as an item in the General
1427	Appropriations Act for each fiscal year. The amount that each
1428	district shall provide annually toward the cost of the Florida
1429	Education Finance Program for kindergarten through grade 12
1430	programs shall be calculated as follows:
1431	(a)  Estimated taxable value calculations.-
1432	1.a.  Not later than 2 working days prior to July 19, the
1433	Department of Revenue shall certify to the Commissioner of
1434	Education its most recent estimate of the taxable value for
1435	school purposes in each school district and the total for all
1436	school districts in the state for the current calendar year
1437	based on the latest available data obtained from the local
1438	property appraisers. The value certified shall be the taxable
1439	value for school purposes for that year, and no further
1440	adjustments shall be made, except those made pursuant to
1441	paragraphs (c) and (d), or an assessment roll change required by
1442	final judicial decisions as specified in paragraph (12)(b). Not
1443	later than July 19, the Commissioner of Education shall compute
1444	a millage rate, rounded to the next highest one one-thousandth
1445	of a mill, which, when applied to 96 95 percent of the estimated
1446	state total taxable value for school purposes, would generate
1447	the prescribed aggregate required local effort for that year for
1448	all districts. The Commissioner of Education shall certify to
1449	each district school board the millage rate, computed as
1450	prescribed in this subparagraph, as the minimum millage rate
1451	necessary to provide the district required local effort for that
1452	year.
1453	b.  The General Appropriations Act shall direct the
1454	computation of the statewide adjusted aggregate amount for
1455	required local effort for all school districts collectively from
1456	ad valorem taxes to ensure that no school district's revenue
1457	from required local effort millage will produce more than 90
1458	percent of the district's total Florida Education Finance
1459	Program calculation as calculated and adopted by the
1460	Legislature, and the adjustment of the required local effort
1461	millage rate of each district that produces more than 90 percent
1462	of its total Florida Education Finance Program entitlement to a
1463	level that will produce only 90 percent of its total Florida
1464	Education Finance Program entitlement in the July calculation.
1465	2.  On the same date as the certification in sub-
1466	subparagraph 1.a., the Department of Revenue shall certify to
1467	the Commissioner of Education for each district:
1468	a.  Each year for which the property appraiser has
1469	certified the taxable value pursuant to s. 193.122(2) or (3), if
1470	applicable, since the prior certification under sub-subparagraph
1471	1.a.
1472	b.  For each year identified in sub-subparagraph a., the
1473	taxable value certified by the appraiser pursuant to s.
1474	193.122(2) or (3), if applicable, since the prior certification
1475	under sub-subparagraph 1.a. This is the certification that
1476	reflects all final administrative actions of the value
1477	adjustment board.
1478	(b)  Equalization of required local effort.-
1479	1.  The Department of Revenue shall include with its
1480	certifications provided pursuant to paragraph (a) its most
1481	recent determination of the assessment level of the prior year's
1482	assessment roll for each county and for the state as a whole.
1483	2.  The Commissioner of Education shall adjust the required
1484	local effort millage of each district for the current year,
1485	computed pursuant to paragraph (a), as follows:
1486	a.  The equalization factor for the prior year's assessment
1487	roll of each district shall be multiplied by 96 95 percent of
1488	the taxable value for school purposes shown on that roll and by
1489	the prior year's required local-effort millage, exclusive of any
1490	equalization adjustment made pursuant to this paragraph. The
1491	dollar amount so computed shall be the additional required local
1492	effort for equalization for the current year.
1493	b.  Such equalization factor shall be computed as the
1494	quotient of the prior year's assessment level of the state as a
1495	whole divided by the prior year's assessment level of the
1496	county, from which quotient shall be subtracted 1.
1497	c.  The dollar amount of additional required local effort
1498	for equalization for each district shall be converted to a
1499	millage rate, based on 96 95 percent of the current year's
1500	taxable value for that district, and added to the required local
1501	effort millage determined pursuant to paragraph (a).
1502	3.  Notwithstanding the limitations imposed pursuant to s.
1503	1011.71(1), the total required local-effort millage, including
1504	additional required local effort for equalization, shall be an
1505	amount not to exceed 10 minus the maximum millage allowed as
1506	nonvoted discretionary millage, exclusive of millage authorized
1507	pursuant to s. 1011.71(2). Nothing herein shall be construed to
1508	allow a millage in excess of that authorized in s. 9, Art. VII
1509	of the State Constitution.
1510	4.  For the purposes of this chapter, the term "assessment
1511	level" means the value-weighted mean assessment ratio for the
1512	county or state as a whole, as determined pursuant to s.
1513	195.096, or as subsequently adjusted. However, for those parcels
1514	studied pursuant to s. 195.096(3)(a)1. which are receiving the
1515	assessment limitation set forth in s. 193.155, and for which the
1516	assessed value is less than the just value, the department shall
1517	use the assessed value in the numerator and the denominator of
1518	such assessment ratio. In the event a court has adjudicated that
1519	the department failed to establish an accurate estimate of an
1520	assessment level of a county and recomputation resulting in an
1521	accurate estimate based upon the evidence before the court was
1522	not possible, that county shall be presumed to have an
1523	assessment level equal to that of the state as a whole.
1524	5.  If, in the prior year, taxes were levied against an
1525	interim assessment roll pursuant to s. 193.1145, the assessment
1526	level and prior year's nonexempt assessed valuation used for the
1527	purposes of this paragraph shall be those of the interim
1528	assessment roll.
1529	(6)  CATEGORICAL FUNDS.-
1530	(b)  If a district school board finds and declares in a
1531	resolution adopted at a regular meeting of the school board that
1532	the funds received for any of the following categorical
1533	appropriations are urgently needed to maintain school board
1534	specified academic classroom instruction, the school board may
1535	consider and approve an amendment to the school district
1536	operating budget transferring the identified amount of the
1537	categorical funds to the appropriate account for expenditure:
1538	1.  Funds for student transportation.
1539	2.  Funds for safe schools.
1540	3.  Funds for supplemental academic instruction.
1541	4.  Funds for research-based reading instruction.
1542	5.  Funds for instructional materials if all instructional
1543	material purchases necessary to provide updated materials
1544	aligned to Next Generation Sunshine State Standards and
1545	benchmarks and that meet statutory requirements of content and
1546	learning have been completed for that fiscal year, but no sooner
1547	than March 1, 2011 2010. Funds available after March 1 may be
1548	used to purchase hardware for student instruction.
1549	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
1550	(d)  Each district's allocation of sparsity supplement
1551	funds shall be adjusted in the following manner:
1552	1.  A maximum discretionary levy per FTE value for each
1553	district shall be calculated by dividing the value of each
1554	district's maximum discretionary levy by its FTE student count.
1555	2.  A state average discretionary levy value per FTE shall
1556	be calculated by dividing the total maximum discretionary levy
1557	value for all districts by the state total FTE student count.
1558	3.  A total potential funds per FTE for each district shall
1559	be calculated by dividing the total potential funds, not
1560	including Florida School Recognition Program funds, Merit Award
1561	Program funds, and the minimum guarantee funds, for each
1562	district by its FTE student count.
1563	4.  A state average total potential funds per FTE shall be
1564	calculated by dividing the total potential funds, not including
1565	Florida School Recognition Program funds, Merit Award Program
1566	funds, and the minimum guarantee funds, for all districts by the
1567	state total FTE student count.
1568	5.  For districts that have a levy value per FTE as
1569	calculated in subparagraph 1. higher than the state average
1570	calculated in subparagraph 2., a sparsity wealth adjustment
1571	shall be calculated as the product of the difference between the
1572	state average levy value per FTE calculated in subparagraph 2.
1573	and the district's levy value per FTE calculated in subparagraph
1574	1. and the district's FTE student count and -1. However, no
1575	district shall have a sparsity wealth adjustment that, when
1576	applied to the total potential funds calculated in subparagraph
1577	3., would cause the district's total potential funds per FTE to
1578	be less than the state average calculated in subparagraph 4.
1579	6.  Each district's sparsity supplement allocation shall be
1580	calculated by adding the amount calculated as specified in
1581	paragraphs (a) and (b) and the wealth adjustment amount
1582	calculated in this paragraph.
1583	(12)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
1584	CURRENT OPERATION.-The total annual state allocation to each
1585	district for current operation for the FEFP shall be distributed
1586	periodically in the manner prescribed in the General
1587	Appropriations Act.
1588	(a)  If the funds appropriated for current operation of the
1589	FEFP are not sufficient to pay the state requirement in full,
1590	the department shall prorate the available state funds to each
1591	district in the following manner:
1592	1.  Determine the percentage of proration by dividing the
1593	sum of the total amount for current operation, as provided in
1594	this paragraph for all districts collectively, and the total
1595	district required local effort into the sum of the state funds
1596	available for current operation and the total district required
1597	local effort.
1598	2.  Multiply the percentage so determined by the sum of the
1599	total amount for current operation as provided in this paragraph
1600	and the required local effort for each individual district.
1601	3.  From the product of such multiplication, subtract the
1602	required local effort of each district; and the remainder shall
1603	be the amount of state funds allocated to the district for
1604	current operation. However, no calculation subsequent to the
1605	appropriation shall result in negative state funds for any
1606	district.
1607	(13)  COMPUTATION OF PRIOR YEAR DISTRICT REQUIRED LOCAL
1608	EFFORT.-Calculations required in this section shall be based on
1609	95 percent of the taxable value for school purposes for fiscal
1610	years prior to the 2010-2011 fiscal year.
1611	Section 26.  Paragraph (a) of subsection (4) of section
1612	1011.64, Florida Statutes, is amended to read:
1613	1011.64  School district minimum classroom expenditure
1614	requirements.-
1615	(4)  In order for the Department of Education to monitor
1616	the implementation of this section, each school district which
1617	is required to increase emphasis on classroom activities from
1618	operating funds pursuant to subsection (1) shall submit to the
1619	department the following two reports in a format determined by
1620	the department:
1621	(a)  An initial report, which shall include the proposed
1622	budget actions identified for increased classroom expenditures,
1623	a description of how such actions are designed to improve
1624	student achievement, and a copy of the published statement
1625	required by s. 1011.03(2)(3). This report shall be submitted
1626	within 30 days after final budget approval as provided in s.
1627	200.065.
1628	Section 27.  Section 1011.66, Florida Statutes, is amended
1629	to read:
1630	1011.66  Distribution of FEFP funds.-The distribution of
1631	FEFP funds shall be made in payments on or about the 10th and
1632	26th of each month. Upon the request of any school district
1633	whose net state FEFP funding is less than 60 percent of its
1634	gross state and local FEFP funding, the Department of Education
1635	shall distribute to that school district in the first quarter of
1636	the fiscal year an amount from the funds appropriated for the
1637	FEFP in the General Appropriations Act up to a maximum of 15
1638	percent of that school district's gross state and local FEFP
1639	funding or that school district's net state FEFP funding,
1640	whichever is less.
1641	Section 28.  Subsection (1) of section 1011.67, Florida
1642	Statutes, is amended to read:
1643	1011.67  Funds for instructional materials.-
1644	(1)  The department is authorized to allocate and
1645	distribute to each district an amount as prescribed annually by
1646	the Legislature for instructional materials for student
1647	membership in basic and special programs in grades K-12, which
1648	will provide for growth and maintenance needs. For purposes of
1649	this subsection, unweighted full-time equivalent students
1650	enrolled in the lab schools in state universities are to be
1651	included as school district students and reported as such to the
1652	department. These funds shall be distributed to school districts
1653	as follows: 50 percent on or about July 10; 35 percent on or
1654	about October 10; 10 percent on or about January 10; and 5
1655	percent on or about June 10. The annual allocation shall be
1656	determined as follows:
1657	(a)  The growth allocation for each school district shall
1658	be calculated as follows:
1659	1.  Subtract from that district's projected full-time
1660	equivalent membership of students in basic and special programs
1661	in grades K-12 used in determining the initial allocation of the
1662	Florida Education Finance Program, the prior year's full-time
1663	equivalent membership of students in basic and special programs
1664	in grades K-12 for that district.
1665	2.  Multiply any such increase in full-time equivalent
1666	student membership by the allocation for a set of instructional
1667	materials, as determined by the department, or as provided for
1668	in the General Appropriations Act.
1669	3.  The amount thus determined shall be that district's
1670	initial allocation for growth for the school year. However, the
1671	department shall recompute and adjust the initial allocation
1672	based on actual full-time equivalent student membership data for
1673	that year.
1674	(b)  The maintenance of the instructional materials
1675	allocation for each school district shall be calculated by
1676	multiplying each district's prior year full-time equivalent
1677	membership of students in basic and special programs in grades
1678	K-12 by the allocation for maintenance of a set of instructional
1679	materials as provided for in the General Appropriations Act. The
1680	amount thus determined shall be that district's initial
1681	allocation for maintenance for the school year; however, the
1682	department shall recompute and adjust the initial allocation
1683	based on such actual full-time equivalent student membership
1684	data for that year.
1685	(c)  In the event the funds appropriated are not sufficient
1686	for the purpose of implementing this subsection in full, the
1687	department shall prorate the funds available for instructional
1688	materials after first funding in full each district's growth
1689	allocation.
1690	Section 29.  Subsection (2) of section 1011.68, Florida
1691	Statutes, is amended to read:
1692	1011.68  Funds for student transportation.-The annual
1693	allocation to each district for transportation to public school
1694	programs, including charter schools as provided in s.
1695	1002.33(17)(b), of students in membership in kindergarten
1696	through grade 12 and in migrant and exceptional student programs
1697	below kindergarten shall be determined as follows:
1698	(2)  The allocation for each district shall be calculated
1699	annually in accordance with the following formula:
1700	T = B + EX. The elements of this formula are defined as
1701	follows: T is the total dollar allocation for transportation. B
1702	is the base transportation dollar allocation prorated by an
1703	adjusted student membership count. The adjusted membership count
1704	shall be derived from a multiplicative index function in which
1705	the base student membership is adjusted by multiplying it by
1706	index numbers that individually account for the impact of the
1707	price level index, average bus occupancy, and the extent of
1708	rural population in the district. EX is the base transportation
1709	dollar allocation for disabled students prorated by an adjusted
1710	disabled student membership count. The base transportation
1711	dollar allocation for disabled students is the total state base
1712	disabled student membership count weighted for increased costs
1713	associated with transporting disabled students and multiplying
1714	it by an the prior year's average per student cost for
1715	transportation as determined by the Legislature. The adjusted
1716	disabled student membership count shall be derived from a
1717	multiplicative index function in which the weighted base
1718	disabled student membership is adjusted by multiplying it by
1719	index numbers that individually account for the impact of the
1720	price level index, average bus occupancy, and the extent of
1721	rural population in the district. Each adjustment factor shall
1722	be designed to affect the base allocation by no more or less
1723	than 10 percent.
1724	Section 30.  Paragraph (d) of subsection (2) and paragraph
1725	(b) of subsection (3) of section 1011.71, Florida Statutes, are
1726	amended to read:
1727	1011.71  District school tax.-
1728	(2)  In addition to the maximum millage levy as provided in
1729	subsection (1), each school board may levy not more than 1.5
1730	mills against the taxable value for school purposes for district
1731	schools, including charter schools at the discretion of the
1732	school board, to fund:
1733	(d)  Effective July 1, 2008, The purchase, lease-purchase,
1734	or lease of new and replacement equipment; computer hardware,
1735	including electronic hardware and other hardware devices
1736	necessary for gaining access to or enhancing the use of
1737	electronic content and resources or to facilitate the access to
1738	and the use of a school district's electronic learning
1739	management system pursuant to s. 1006.281, excluding software
1740	other than the operating system necessary to operate the
1741	hardware or device;, and enterprise resource software
1742	applications that are classified as capital assets in accordance
1743	with definitions of the Governmental Accounting Standards Board,
1744	have a useful life of at least 5 years, and are used to support
1745	districtwide administration or state-mandated reporting
1746	requirements.
1747	(3)
1748	(b)  In addition to the millage authorized in this section,
1749	each district school board may, by a super majority vote, levy
1750	an additional 0.25 mills for critical capital outlay needs or
1751	for critical operating needs. If levied for capital outlay,
1752	expenditures shall be subject to the requirements of this
1753	section. If levied for operations, expenditures shall be
1754	consistent with the requirements for operating funds received
1755	pursuant to s. 1011.62. If the district levies this additional
1756	0.25 mills for operations, the compression adjustment pursuant
1757	to s. 1011.62(5) shall be calculated and added to the district's
1758	FEFP allocation. Millage levied pursuant to this paragraph is
1759	subject to the provisions of s. 200.065. In order to be
1760	continued after the 2010-2011 fiscal year, millage levied
1761	pursuant to this paragraph must be approved by the voters of the
1762	district at the 2010 next general election or at a subsequent
1763	election held at any time, except that not more than one such
1764	election shall be held during any 12-month period. Any millage
1765	so authorized shall be levied for a period not in excess of 2
1766	years or until changed by another millage election, whichever is
1767	earlier. If any such election is invalidated by a court of
1768	competent jurisdiction, such invalidated election shall be
1769	considered not to have been held.
1770	Section 31.  Subsection (2) of section 1011.73, Florida
1771	Statutes, is amended to read:
1772	1011.73  District millage elections.-
1773	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.-The district
1774	school board, pursuant to resolution adopted at a regular
1775	meeting, shall direct the county commissioners to call an
1776	election at which the electors within the school district may
1777	approve an ad valorem tax millage as authorized under s.
1778	1011.71(9)(8). Such election may be held at any time, except
1779	that not more than one such election shall be held during any
1780	12-month period. Any millage so authorized shall be levied for a
1781	period not in excess of 4 years or until changed by another
1782	millage election, whichever is earlier. If any such election is
1783	invalidated by a court of competent jurisdiction, such
1784	invalidated election shall be considered not to have been held.
1785	Section 32.  Paragraph (g) of subsection (3) of section
1786	1012.33, Florida Statutes, is amended to read:
1787	1012.33  Contracts with instructional staff, supervisors,
1788	and school principals.-
1789	(3)
1790	(g)  Beginning July 1, 2001, for each employee who enters
1791	into a written contract, pursuant to this section, in a school
1792	district in which the employee was not employed as of June 30,
1793	2001, or was employed as of June 30, 2001, but has since broken
1794	employment with that district for 1 school year or more, for
1795	purposes of pay, a district school board must recognize and
1796	accept each year of full-time public school teaching service
1797	earned in the State of Florida for which the employee received a
1798	satisfactory performance evaluation; however, an employee may
1799	voluntarily waive this provision. Instructional personnel
1800	employed pursuant to s. 121.091(9)(b) and (c) are exempt from
1801	the provisions of this paragraph.
1802	Section 33.  Paragraph (a) of subsection (7) of section
1803	1012.467, Florida Statutes, is amended to read:
1804	1012.467  Noninstructional contractors who are permitted
1805	access to school grounds when students are present; background
1806	screening requirements.-
1807	(7)(a)  The Department of Law Enforcement shall implement a
1808	system that allows for the results of a criminal history check
1809	provided to a school district to be shared with other school
1810	districts through a secure Internet website or other secure
1811	electronic means. The Department of Law Enforcement may adopt
1812	rules under ss. 120.536(1) and 120.54 to implement this
1813	paragraph. School districts must accept reciprocity of level 2
1814	screenings for Florida High School Athletic Association
1815	officials.
1816	Section 34.  Subsection (1) of section 1012.55, Florida
1817	Statutes, is amended to read:
1818	1012.55  Positions for which certificates required.-
1819	(1)  The State Board of Education shall classify school
1820	services, designate the certification subject areas, establish
1821	competencies, including the use of technology to enhance student
1822	learning, and certification requirements for all school-based
1823	personnel, and adopt rules in accordance with which the
1824	professional, temporary, and part-time certificates shall be
1825	issued by the Department of Education to applicants who meet the
1826	standards prescribed by such rules for their class of service.
1827	Each person employed or occupying a position as school
1828	supervisor, school principal, teacher, library media specialist,
1829	school counselor, athletic coach, or other position in which the
1830	employee serves in an instructional capacity, in any public
1831	school of any district of this state shall hold the certificate
1832	required by law and by rules of the State Board of Education in
1833	fulfilling the requirements of the law for the type of service
1834	rendered. Such positions include personnel providing direct
1835	instruction to students through a virtual environment or through
1836	a blended virtual and physical environment. The Department of
1837	Education shall identify appropriate educator certification for
1838	the instruction of specified courses in an annual publication of
1839	a directory of course code numbers for all programs and courses
1840	that are funded through the Florida Education Finance Program.
1841	However, the state board shall adopt rules authorizing district
1842	school boards to employ selected noncertificated personnel to
1843	provide instructional services in the individuals' fields of
1844	specialty or to assist instructional staff members as education
1845	paraprofessionals.
1846	Section 35.  Paragraph (a) of subsection (1) of section
1847	1013.62, Florida Statutes, is amended to read:
1848	1013.62  Charter schools capital outlay funding.-
1849	(1)  In each year in which funds are appropriated for
1850	charter school capital outlay purposes, the Commissioner of
1851	Education shall allocate the funds among eligible charter
1852	schools.
1853	(a)  To be eligible for a funding allocation, a charter
1854	school must:
1855	1.a.  Have been in operation for 3 or more years;
1856	b.  Be governed by a governing board established in the
1857	state for 3 or more years which operates both charter schools
1858	and conversion charter schools within the state;
1859	c.  Be an expanded feeder chain of a charter school within
1860	the same school district that is currently receiving charter
1861	school capital outlay funds; or
1862	d.  Have been accredited by the Commission on Schools of
1863	the Southern Association of Colleges and Schools; or
1864	e.  Serve students in facilities that are provided by a
1865	business partner for a charter school-in-the-workplace pursuant
1866	to s. 1002.33(15)(b).
1867	2.  Have financial stability for future operation as a
1868	charter school.
1869	3.  Have satisfactory student achievement based on state
1870	accountability standards applicable to the charter school.
1871	4.  Have received final approval from its sponsor pursuant
1872	to s. 1002.33 for operation during that fiscal year.
1873	5.  Serve students in facilities that are not provided by
1874	the charter school's sponsor.
1875	Section 36.  Special Facility Construction Account study.-
1876	The Office of Program Policy Analysis and Government
1877	Accountability (OPPAGA) shall conduct a study of the Special
1878	Facility Construction Account program to examine the
1879	effectiveness of s. 1013.64(2), Florida Statutes, and shall
1880	provide recommendations. The study shall examine the criteria to
1881	determine program eligibility; the criteria to determine project
1882	eligibility; the procedures used to evaluate potential projects;
1883	the procedures for determining the priority list; and whether,
1884	historically, the funded projects were needed by the districts
1885	based on student enrollment data, age, and usefulness of
1886	district facilities at the time of the request, on the
1887	district's educational plant survey, or on other relevant
1888	information. OPPAGA should also make recommendations for
1889	improving the process of providing appropriations for projects
1890	under the Special Facility Construction Account. OPPAGA shall
1891	submit the results of the study to the President of the Senate,
1892	the Speaker of the House of Representatives, and the Executive
1893	Office of the Governor no later than January 31, 2011.
1894	Section 37.  The Commissioner of Education is authorized to
1895	administer a one-time student transportation survey for the
1896	Jefferson County School District to serve as a substitute for
1897	the statewide, scheduled October and February surveys which were
1898	omitted by the district. The survey process shall be conducted
1899	according to standard survey procedures, and the result shall be
1900	incorporated into the 2009-2010 student transportation final
1901	calculation. Notwithstanding the requirements of s. 1011.68(5),
1902	Florida Statutes, from the funds generated from the
1903	transportation survey, the school district shall use $50,000 to
1904	contract for consulting services to assist in the management of
1905	school district operations for 2010-2011. The consultant or
1906	consulting group shall be approved by the Commissioner of
1907	Education.
1908	Section 38.  There is appropriated $21,244,177 in
1909	nonrecurring funds from the General Revenue Fund for the 2010-
1910	2011 fiscal year to award bonuses to effective teachers through
1911	the Dale Hickam Excellent Teaching Program pursuant to s.
1912	1012.72, Florida Statutes.
1913	Section 39.  Except as otherwise expressly provided in this
1914	act, this act shall take effect July 1, 2010.

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