Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 404
                                Barcode 462252                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .                                
             05/06/2011 08:55 PM       .                                

       Senator Wise moved the following:
    1         Senate Substitute for Amendment (585488) (with title
    2  amendment)
    4         Between lines 159 and 160
    5  insert:
    6         Section 4. College-Preparatory Boarding Academy Pilot
    7  Program for at-risk students.—
    8         (1) PROGRAM CREATION.—The College-Preparatory Boarding
    9  Academy Pilot Program is created for the purpose of providing
   10  unique educational opportunities to dependent or at-risk
   11  children who are academic underperformers but who have the
   12  potential to progress from at-risk to college-bound. The State
   13  Board of Education shall implement this program.
   14         (2) DEFINITIONS.—As used in this section, the term:
   15         (a) “Board” means the board of trustees of a college
   16  preparatory boarding academy for at-risk students.
   17         (b) “Eligible student” means a student who is a resident of
   18  the state and entitled to attend school in a participating
   19  school district, is at risk of academic failure, is currently
   20  enrolled in grade 5 or 6, is from a family whose income is below
   21  200 percent of the federal poverty guidelines, and who meets at
   22  least one of the following additional risk factors:
   23         1. The child is in foster care or has been declared an
   24  adjudicated dependent by a court.
   25         2. The student’s head of household is not the student’s
   26  custodial parent.
   27         3. The student resides in a household that receives a
   28  housing voucher or has been determined eligible for public
   29  housing assistance.
   30         4. A member of the student’s immediate family has been
   31  incarcerated.
   32         (c) “Operator” means a private, nonprofit corporation that
   33  is selected by the state under subsection (3) to operate the
   34  program.
   35         (d) “Program” means a college-preparatory boarding academy
   36  for at-risk students which includes:
   37         1. A remedial curriculum for middle school grades;
   38         2. The college-preparatory curriculum for high school
   39  grades;
   40         3. Extracurricular activities, including athletics and
   41  cultural events;
   42         4. College admissions counseling;
   43         5. Health and mental health services;
   44         6. Tutoring;
   45         7. Community service and service learning opportunities;
   46         8. A residential student life program;
   47         9. Extended school days and supplemental programs; and
   48         10. Professional services focused on the language arts and
   49  reading standards, mathematics standards, science standards,
   50  technology standards, and developmental or life skill standards
   51  using innovative and best practices for all students.
   52         (e) “Sponsor” means a public school district that acts as a
   53  sponsor pursuant to s. 1002.33, Florida Statutes.
   54         (3)PROPOSALS.—
   55         (a) The State Board of Education shall select a private,
   56  nonprofit corporation to operate the program which must meet all
   57  of the following qualifications:
   58         1. The nonprofit corporation has, or will receive as a
   59  condition of the contract, a public charter school authorized
   60  under s. 1002.33, Florida Statutes, to offer grades 6 through
   61  12, or has a partnership with a sponsor to operate a school.
   62         2. The nonprofit corporation has experience operating a
   63  school or program similar to the program authorized under this
   64  section.
   65         3. The nonprofit corporation has demonstrated success with
   66  a school or program similar to the program authorized under this
   67  section.
   68         4. The nonprofit corporation has the capacity to finance
   69  and secure private funds for the development of a campus for the
   70  program.
   71         (b) Within 60 days after July 1, 2011, the State Board of
   72  Education shall issue a request for proposals from private,
   73  nonprofit corporations interested in operating the program. The
   74  state board shall select operators from among the qualified
   75  responders within 120 days after the issuance of the requests
   76  for proposal.
   77         (c) Each proposal must contain the following information:
   78         1. The proposed location of the college-preparatory
   79  boarding academy;
   80         2. A plan for offering grade 6 in the program’s initial
   81  year of operation and a plan for expanding the grade levels
   82  offered by the school in subsequent years; and
   83         3. Any other information about the proposed educational
   84  program, facilities, or operations of the school determined
   85  necessary by the state board.
   86         (4) CONTRACT.—The State Board of Education shall contract
   87  with the operator of a college-preparatory boarding academy. The
   88  contract must stipulate that:
   89         (a) The academy operates only if, and to the extent that,
   90  it holds a valid charter authorized under s. 1002.33, Florida
   91  Statutes, or is authorized by a local school district defined as
   92  a sponsor pursuant to s. 1002.33, Florida Statutes.
   93         (b) The operator finances and oversees the acquisition of a
   94  facility for the academy.
   95         (c) The operator operates the academy in accordance with
   96  the terms of the proposal accepted by the state board.
   97         (d) The operator complies with this section.
   98         (e) The operator complies with any other provisions of law
   99  specified in the contract, the charter granted by the local
  100  school district or the operating agreement with the sponsor, and
  101  the rules adopted by the state board for schools operating in
  102  this state.
  103         (f) The operator complies with the bylaws adopted pursuant
  104  to subsection (5).
  105         (g) The operator complies with the standards for admission
  106  of students to the academy and for dismissal of students from
  107  the academy which are included in the contract and may be
  108  reevaluated and revised by mutual agreement between the operator
  109  and the state board.
  110         (h) The operator meets the academic goals and other
  111  performance standards established by the contract.
  112         (i) The state board or the operator may terminate the
  113  contract in accordance with the procedures specified in the
  114  contract, which must at least require that the party seeking
  115  termination give prior written notice of the intent to terminate
  116  and that the party receiving the termination notice is granted
  117  an opportunity to redress any grievances cited therein.
  118         (j) If the school closes for any reason, the academy’s
  119  board of trustees execute the closing in a manner specified in
  120  the contract.
  121         (5) OPERATOR BYLAWS.—The operator of the program shall
  122  adopt bylaws for the oversight and operation of the academy
  123  which are in accordance with this section, state law, and the
  124  contract between the operator and the State Board of Education.
  125  The bylaws must include procedures for the appointment of board
  126  members to the academy’s board of trustees, which may not exceed
  127  25 members, 5 members of whom shall be appointed by the Governor
  128  with the advice and consent of the Senate. The bylaws are
  129  subject to approval of the state board.
  130         (6) OUTREACH.—The program operator shall adopt an outreach
  131  program with the local education agency or school district and
  132  community. The outreach program must give special attention to
  133  the recruitment of eligible children in the state who are
  134  academic underperformers and who, if given the unique
  135  educational opportunity provided in the program, have the
  136  potential to progress from at-risk children to college-bound
  137  children.
  138         (7) FUNDING.—The college-preparatory boarding academy must
  139  be a public school and part of the state’s program of education.
  140  If the program receives state funding from noneducation sources,
  141  the State Board of Education shall coordinate, streamline, and
  142  simplify any requirements to eliminate duplicate, redundant, or
  143  conflicting requirements and oversight by various governmental
  144  programs or agencies. Funding for the operation of the boarding
  145  academy is contingent on the development of a plan by the
  146  Department of Education, the Department of Juvenile Justice and
  147  the Department of Children and Family Services which details how
  148  educational and noneducational funds that would otherwise be
  149  committed to the students in the school and their families can
  150  be repurposed to provide for the operation of the school and
  151  related services. Such plans must be based on federal and state
  152  funding streams for children and families meeting the
  153  eligibility criteria for eligible students as specified in
  154  paragraph (2)(b) and include recommendations for modifications
  155  to the criteria for eligible students which furthers the
  156  program’s goals or improves the feasibility of using existing
  157  funding sources. The plan shall be submitted, together with
  158  relevant budget requests, through the legislative budget request
  159  process under s. 216.023, Florida Statutes, or through requests
  160  for budget amendments to the Legislative Budget Commission in
  161  accordance with s. 216.181, Florida Statutes.
  162         (8) STUDENT SERVICES.—Students enrolled in the program who
  163  have been adjudicated dependent must remain under the case
  164  management services and supervision of the lead agency and its
  165  respective providers. The operator may contract with its own
  166  providers as necessary to provide services to children in the
  167  program and to ensure continuity of the full range of services
  168  required by children in foster care who attend the academy. The
  169  decision of a foster parent to withdraw a child from the program
  170  who is in foster care and has been admitted to the program is
  171  subject to the review and approval of the state agency.
  172         (9) MEDICAID BILLING.—This section does not prohibit an
  173  operator from appropriately billing Medicaid for services
  174  rendered to eligible students through the program or from
  175  earning federal or local funding for services provided.
  176         (10) ADMISSION.—An eligible student may apply for admission
  177  to the program. If more eligible students apply for admission
  178  than the number of students permitted by the capacity
  179  established by the board of trustees, admission shall be
  180  determined by lottery.
  181         (11) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d)
  182  and 409.176, Florida Statutes, or any other provision of law, an
  183  operator may house and educate dependent, at-risk youth in its
  184  residential school for the purpose of facilitating the mission
  185  of the program and encouraging innovative practices.
  186         (12) ANNUAL REPORT.—
  187         (a) The State Board of Education shall issue an annual
  188  report for each college-preparatory boarding academy which
  189  includes all information applicable to schools.
  190         (b) The college-preparatory boarding academy shall report
  191  to the Department of Education, in the form and manner
  192  prescribed in the contract, all information applicable to public
  193  schools and any additional information as specified by the
  194  contract.
  195         (c) The operator shall comply with all provisions
  196  applicable to public schools. The operator shall provide the
  197  student’s legal guardians with sufficient information on whether
  198  the student is reading at grade level and whether the student
  199  gains at least a year’s worth of learning for every year spent
  200  in the program.
  202  ================= T I T L E  A M E N D M E N T ================
  203         And the title is amended as follows:
  204         Delete line 25
  205  and insert:
  206         creating the College-Preparatory Boarding Academy
  207         Pilot Program for dependent or at-risk students;
  208         providing a program purpose; requiring that the State
  209         Board of Education implement the program; providing
  210         definitions; requiring the state board to select a
  211         private nonprofit corporation that meets certain
  212         qualifications to operate the program; requiring the
  213         state board to issue a request for proposals;
  214         providing requirements for the proposals; requiring
  215         that the state board enter into a contract with the
  216         operator of the selected academy; requiring that the
  217         contract contain specified requirements; requiring
  218         that the operator of the academy adopt bylaws, subject
  219         to approval by the state board; requiring that the
  220         operator adopt an outreach program with the local
  221         education agency or school district and community;
  222         providing program funding requirements; requiring the
  223         school to be a public school; requiring the State
  224         Board of Education and certain state agencies to
  225         develop a plan relating to funding for the academy;
  226         requiring that enrolled students remain under case
  227         management services and the supervision of the lead
  228         agency; authorizing the operator to appropriately bill
  229         Medicaid for services rendered to eligible students or
  230         earn federal or local funding for services provided;
  231         providing for eligible students to be admitted by
  232         lottery if the number of applicants exceeds the
  233         allowed capacity; authorizing the operator to board
  234         dependent, at-risk students; requiring that the state
  235         board issue an annual report; providing an effective
  236         date.