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 following: 1 Senate Amendment (with title amendment) 2 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. 219 220 ================= 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.