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) 3 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. 201 202 ================= 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.