Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 404
                                Barcode 585488                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/12/2011           .                                
                Floor: 1/RS/2R         .                                
             05/06/2011 08:55 PM       .                                

       The Committee on Criminal Justice (Smith) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 159 and 160
    4  insert:
    5         Section 4. College-Preparatory Boarding Academy Pilot
    6  Program for at-risk students.—
    7         (1) PROGRAM CREATION.—The College-Preparatory Boarding
    8  Academy Pilot Program is created for the purpose of providing
    9  unique educational opportunities to dependent or at-risk
   10  children who are academic underperformers but who have the
   11  potential to progress from at-risk to college-bound. The State
   12  Board of Education shall implement this program.
   13         (2) DEFINITIONS.—As used in this section, the term:
   14         (a) “Board” means the board of trustees of a college
   15  preparatory boarding academy for at-risk students.
   16         (b) “Eligible student” means a student who is a resident of
   17  the state and entitled to attend school in a participating
   18  school district, is at risk of academic failure, is currently
   19  enrolled in grade 5 or 6, is from a family whose income is below
   20  200 percent of the federal poverty guidelines, and who meets at
   21  least two of the following additional risk factors:
   22         1. The student has a record of suspensions, office
   23  referrals, or chronic truancy.
   24         2. The student has been referred for academic intervention
   25  or has not attained at least a proficient score on the state
   26  achievement assessment in English and language arts, reading, or
   27  mathematics.
   28         3. The student’s parent is a single parent.
   29         4. The student does not live with the student’s custodial
   30  parent.
   31         5. The student resides in a household that receives a
   32  housing voucher or has been determined as eligible for public
   33  housing assistance.
   34         6. A member of the student’s immediate family has been
   35  incarcerated.
   36         7. The student has been declared an adjudicated dependent
   37  by a court of competent jurisdiction.
   38         8. The student has received a referral from a school,
   39  teacher, counselor, dependency circuit court judge, or
   40  community-based care organization.
   41         9. The student meets any additional criteria prescribed by
   42  an agreement between the State Board of Education and the
   43  operator of a college-preparatory boarding academy.
   44         (c) “Operator” means a private, nonprofit corporation that
   45  is selected by the state under subsection (3) to operate the
   46  program.
   47         (d) “Program” means a college-preparatory boarding academy
   48  for at-risk students which includes:
   49         1. A remedial curriculum for middle school grades;
   50         2. The college-preparatory curriculum for high school
   51  grades;
   52         3. Extracurricular activities, including athletics and
   53  cultural events;
   54         4. College admissions counseling;
   55         5. Health and mental health services;
   56         6. Tutoring;
   57         7. Community service and service learning opportunities;
   58         8. A residential student life program;
   59         9. Extended school days and supplemental programs; and
   60         10. Professional services focused on the language arts and
   61  reading standards, mathematics standards, science standards,
   62  technology standards, and developmental or life skill standards
   63  using innovative and best practices for all students.
   64         (e) “Sponsor” means a public school district that acts as
   65  sponsor pursuant to s. 1002.33, Florida Statutes.
   66         (3)PROPOSALS.—
   67         (a) The State Board of Education shall select a private,
   68  nonprofit corporation to operate the program which must meet all
   69  of the following qualifications:
   70         1. The nonprofit corporation has, or will receive as a
   71  condition of the contract, a public charter school authorized
   72  under s. 1002.33, Florida Statutes, to offer grades 6 through
   73  12, or has a partnership with a sponsor to operate a school.
   74         2. The nonprofit corporation has experience operating a
   75  school or program similar to the program authorized under this
   76  section.
   77         3. The nonprofit corporation has demonstrated success with
   78  a school or program similar to the program authorized under this
   79  section.
   80         4. The nonprofit corporation has the capacity to finance
   81  and secure private funds for the development of a campus for the
   82  program.
   83         (b) Within 60 days after July 1, 2011, the State Board of
   84  Education shall issue a request for proposals from private,
   85  nonprofit corporations interested in operating the program. The
   86  state board shall select operators from among the qualified
   87  responders within 120 days after the issuance of the requests
   88  for proposal.
   89         (c) Each proposal must contain the following information:
   90         1. The proposed location of the college-preparatory
   91  boarding academy;
   92         2. A plan for offering grade 6 in the program’s initial
   93  year of operation and a plan for expanding the grade levels
   94  offered by the school in subsequent years; and
   95         3. Any other information about the proposed educational
   96  program, facilities, or operations of the school as determined
   97  necessary by the state board.
   98         (4) CONTRACT.—The State Board of Education shall contract
   99  with the operator of a college-preparatory boarding academy. The
  100  contract must stipulate that:
  101         (a) The academy may operate only if, and to the extent
  102  that, it holds a valid charter authorized under s. 1002.33,
  103  Florida Statutes, or is authorized by a local school district
  104  defined as a sponsor pursuant to s. 1002.33, Florida Statutes.
  105         (b) The operator shall finance and oversee the acquisition
  106  of a facility for the academy.
  107         (c) The operator shall operate the academy in accordance
  108  with the terms of the proposal accepted by the state board.
  109         (d) The operator shall comply with this section.
  110         (e) The operator shall comply with any other provisions of
  111  law specified in the contract, the charter granted by the local
  112  school district or the operating agreement with the sponsor, and
  113  the rules adopted by the state board for schools operating in
  114  this state.
  115         (f) The operator shall comply with the bylaws that it
  116  adopts.
  117         (g) The operator shall comply with standards for admission
  118  of students to the academy and standards for dismissal of
  119  students from the academy which are included in the contract and
  120  may be reevaluated and revised by mutual agreement between the
  121  operator and the state board.
  122         (h) The operator shall meet the academic goals and other
  123  performance standards established by the contract.
  124         (i) The state board or the operator may terminate the
  125  contract in accordance with the procedures specified in the
  126  contract, which must at least require that the party seeking
  127  termination give prior written notice of the intent to terminate
  128  the contract and that the party receiving the termination notice
  129  be granted an opportunity to redress any grievances cited
  130  therein.
  131         (j) If the school closes for any reason, the academy’s
  132  board of trustees shall execute the closing in a manner
  133  specified in the contract.
  134         (5) OPERATOR BYLAWS.—The operator of the program shall
  135  adopt bylaws for the oversight and operation of the academy
  136  which are in accordance with this section, state law, and the
  137  contract between the operator and the State Board of Education.
  138  The bylaws must include procedures for the appointment of board
  139  members to the academy’s board of trustees, which may not exceed
  140  25 members, 5 members of whom shall be appointed by the Governor
  141  with the advice and consent of the Senate. The bylaws are
  142  subject to approval of the state board.
  143         (6) OUTREACH.—The program operator shall adopt an outreach
  144  program with the local education agency or school district and
  145  community. The outreach program must give special attention to
  146  the recruitment of children in the state’s foster care program
  147  as a dependent child or as a child in a program to prevent
  148  dependency who are academic underperformers who, if given the
  149  unique educational opportunity found in the program, have the
  150  potential to progress from at-risk children to college-bound
  151  children.
  152         (7) FUNDING.—The college-preparatory boarding academy must
  153  be a public school and part of the state’s program of education.
  154  If the program receives state funding from noneducation sources,
  155  the State Board of Education shall coordinate, streamline, and
  156  simplify any requirements to eliminate duplicate, redundant, or
  157  conflicting requirements and oversight by various governmental
  158  programs or agencies. The applicable regulating entities shall,
  159  to the maximum extent possible, use independent reports and
  160  financial audits provided by the program and coordinated by the
  161  state board to eliminate or reduce contract and administrative
  162  reviews. Additional items may be suggested, if reasonable, to
  163  the state board to be included in independent reports and
  164  financial audits for the purpose of implementing this section.
  165  Reporting paperwork that is prepared for the state and local
  166  education agency shall also be shared with and accepted by other
  167  state and local regulatory entities, to the maximum extent
  168  possible.
  169         (8) PROGRAM CAPACITY.—Beginning August 2012, the program
  170  shall admit 80 students. In each subsequent fiscal year, the
  171  program shall grow by an additional number of students, as
  172  specified in the contract, until the program reaches a capacity
  173  of 400 students.
  174         (9) STUDENT SERVICES.—Students enrolled in the program who
  175  have been adjudicated dependent must remain under the case
  176  management services and supervision of the lead agency and its
  177  respective providers. The operator may contract with its own
  178  providers as necessary to provide services to children in the
  179  program and to ensure continuity of the full range of services
  180  required by children in foster care who attend the academy.
  181         (10) MEDICAID BILLING.—This section does not prohibit an
  182  operator from appropriately billing Medicaid for services
  183  rendered to eligible students through the program or from
  184  earning federal or local funding for services provided.
  185         (11) ADMISSION.—An eligible student may apply for admission
  186  to the program. If more eligible students apply for admission
  187  than the number of students permitted by the capacity
  188  established by the board of trustees, admission shall be
  189  determined by lottery.
  190         (12) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d)
  191  and 409.176, Florida Statutes, or any other provision of law, an
  192  operator may house and educate dependent, at-risk youth in its
  193  residential school for the purpose of facilitating the mission
  194  of the program and encouraging innovative practices.
  195         (13) ANNUAL REPORT.—
  196         (a) The State Board of Education shall issue an annual
  197  report for each college-preparatory boarding academy which
  198  includes all information applicable to schools.
  199         (b) Each college-preparatory boarding academy shall report
  200  to the Department of Education, in the form and manner
  201  prescribed in the contract, the following information:
  202         1. The total number of students enrolled in the academy;
  203         2. The number of students enrolled in the academy who are
  204  receiving special education services pursuant to an individual
  205  education plan; and
  206         3. Any additional information specified in the contract.
  207         (c) The operator shall comply with s. 1002.33, Florida
  208  Statutes, and shall annually assess reading and mathematics
  209  skills. The operator shall provide the student’s legal guardians
  210  with sufficient information on whether the student is reading at
  211  grade level and whether the student gains at least a year’s
  212  worth of learning for every year spent in the program.
  213         (14) RULES.—The State Board of Education shall adopt rules
  214  to administer this section. These rules must identify any
  215  existing rules that are applicable to the program and preempt
  216  any other rules that are not specified for the purpose of
  217  clarifying the rules that may be conflicting, redundant, or that
  218  result in an unnecessary burden on the program or the operator.
  220  ================= T I T L E  A M E N D M E N T ================
  221         And the title is amended as follows:
  222         Delete line 25
  223  and insert:
  224         creating the College-Preparatory Boarding Academy
  225         Pilot Program for dependent or at-risk students;
  226         providing a purpose for the program; requiring that
  227         the State Board of Education implement the program;
  228         providing definitions; requiring the state board to
  229         select a private nonprofit corporation to operate the
  230         program if certain qualifications are met; requiring
  231         that the state board request proposals from private
  232         nonprofit corporations; providing requirements for
  233         such proposals; requiring that the state board enter
  234         into a contract with the operator of the academy;
  235         requiring that the contract contain specified
  236         requirements; requiring that the operator adopt
  237         bylaws, subject to approval by the state board;
  238         requiring that the operator adopt an outreach program
  239         with the local education agency or school district and
  240         community; providing that the academy is a public
  241         school and part of the state’s education program;
  242         providing program funding guidelines; limiting the
  243         capacity of eligible students attending the academy;
  244         requiring that enrolled students remain under case
  245         management services and the supervision of the lead
  246         agency; authorizing the operator to appropriately bill
  247         Medicaid for services rendered to eligible students or
  248         earn federal or local funding for services provided;
  249         providing for eligible students to be admitted by
  250         lottery if the number of applicants exceeds the
  251         allowed capacity; authorizing the operator to board
  252         dependent, at-risk students; requiring that the state
  253         board issue an annual report and adopt rules;
  254         providing an effective date.