HB 383

A bill to be entitled
2An act relating to public school flexibility; amending
3s. 1001.02, F.S.; prohibiting the State Board of
4Education from adopting rules that require the
5redirection of certain funding; amending s. 1001.42,
6F.S.; deleting a requirement relating to the opening
7date for schools in a school district; amending s.
81002.31, F.S.; providing that the calculation for
9compliance with class size maximums for certain public
10schools of choice shall be the average at the school
11level; amending s. 1003.455, F.S.; revising
12requirements relating to physical education for
13elementary school students; amending s. 1011.62, F.S.;
14revising provisions relating to the transfer of
15categorical funds to maintain specified academic
16classroom instruction; amending s. 1013.03, F.S.;
17revising provisions relating to student station and
18auxiliary facility space allocations; providing that a
19school district is not required to comply with the
20State Uniform Building Code for Public Educational
21Facilities Construction; providing an effective date.
23Be It Enacted by the Legislature of the State of Florida:
25     Section 1.  Paragraph (n) of subsection (2) of section
261001.02, Florida Statutes, is amended to read:
27     1001.02  General powers of State Board of Education.-
28     (2)  The State Board of Education has the following duties:
29     (n)  To adopt cohesive rules pursuant to ss. 120.536(1) and
30120.54, within statutory authority. However, no rule may be
31adopted which would require any school or school district to
32redirect local, state, or federal funding in order to comply
33with the rule.
34     Section 2.  Paragraph (f) of subsection (4) of section
351001.42, Florida Statutes, is amended to read:
36     1001.42  Powers and duties of district school board.-The
37district school board, acting as a board, shall exercise all
38powers and perform all duties listed below:
40SCHOOLS.-Adopt and provide for the execution of plans for the
41establishment, organization, and operation of the schools of the
42district, including, but not limited to, the following:
43     (f)  Opening and closing of schools; fixing uniform date.-
44Adopt policies for the opening and closing of schools and fix
45uniform dates; however, beginning with the 2007-2008 school
46year, the opening date for schools in the district may not be
47earlier than 14 days before Labor Day each year.
48     Section 3.  Subsection (9) is added to section 1002.31,
49Florida Statutes, to read:
50     1002.31  Public school parental choice.-
51     (9)  For a school or program that is a public school of
52choice under this section, the calculation for compliance with
53class size maximums, pursuant to s. 1003.03, shall be the
54average number of students at the school level.
55     Section 4.  Subsection (3) of section 1003.455, Florida
56Statutes, is amended to read:
57     1003.455  Physical education; assessment.-
58     (3)  Each district school board shall provide 150 minutes
59of physical education each week for students in kindergarten
60through grade 5 and for students in grade 6 who are enrolled in
61a school that contains one or more elementary grades so that on
62any day during which physical education instruction is conducted
63there are at least 30 consecutive minutes per day. Beginning
64with the 2009-2010 school year, the equivalent of one class
65period per day of physical education for one semester of each
66year is required for students enrolled in grades 6 through 8.
67Students enrolled in such instruction shall be reported through
68the periodic student membership surveys, and records of such
69enrollment shall be audited pursuant to s. 1010.305. Such
70instruction may be provided by any instructional personnel as
71defined in s. 1012.01(2), regardless of certification, who are
72designated by the school principal.
73     Section 5.  Subsection (6) of section 1011.62, Florida
74Statutes, is amended to read:
75     1011.62  Funds for operation of schools.-If the annual
76allocation from the Florida Education Finance Program to each
77district for operation of schools is not determined in the
78annual appropriations act or the substantive bill implementing
79the annual appropriations act, it shall be determined as
82     (a)  In addition to the basic amount for current operations
83for the FEFP as determined in subsection (1), the Legislature
84may appropriate categorical funding for specified programs,
85activities, or purposes.
86     (b)  If a district school board finds and declares in a
87resolution adopted at a regular meeting of the school board that
88the funds received for any of the following categorical
89appropriations are urgently needed to maintain school board
90specified academic classroom instruction, the school board may
91consider and approve an amendment to the school district
92operating budget transferring the identified amount of the
93categorical funds to the appropriate account for expenditure:
94     1.  Funds for student transportation.
95     2.  Funds for safe schools.
96     3.  Funds for supplemental academic instruction.
97     4.  Funds for research-based reading instruction.
98     5.  Funds for instructional materials if all instructional
99material purchases necessary to provide updated materials
100aligned to Next Generation Sunshine State Standards and
101benchmarks and that meet statutory requirements of content and
102learning have been completed for that fiscal year, but no sooner
103than March 1. Funds available after March 1 may be used to
104purchase hardware for student instruction.
105     (c)  Each district school board shall include in its annual
106financial report to the Department of Education the amount of
107funds the school board transferred from any each of the
108categorical fund pursuant to paragraph (b) funds identified in
109this subsection and the specific academic classroom instruction
110for which the transferred funds were expended. The Department of
111Education shall provide instructions and specify the format to
112be used in submitting this required information as a part of the
113district annual financial report. The Department of Education
114shall submit a report to the Legislature that identifies by
115district and by categorical fund the amount transferred and the
116specific academic classroom activity for which the funds were
118     (d)  If a district school board transfers funds from its
119research-based reading instruction allocation, the board must
120also submit to the Department of Education an amendment
121describing the changes that the district is making to its
122reading plan approved pursuant to paragraph (9)(d).
123     Section 6.  Paragraph (a) of subsection (10) of section
1241013.03, Florida Statutes, is amended to read:
125     1013.03  Functions of the department and the Board of
126Governors.-The functions of the Department of Education as it
127pertains to educational facilities of school districts and
128Florida College System institutions and of the Board of
129Governors as it pertains to educational facilities of state
130universities shall include, but not be limited to, the
132     (10)(a)  Review and validate surveys proposed or amended by
133the boards and recommend to the Commissioner of Education, or
134the Chancellor of the State University System, as appropriate,
135for approval, surveys that meet the requirements of this
137     1.  The term "validate" as applied to surveys by school
138districts means to review inventory data as submitted to the
139department by district school boards; provide for review and
140inspection, where required, of student stations and aggregate
141square feet of inventory changed from satisfactory to
142unsatisfactory or changed from unsatisfactory to satisfactory;
143compare new school inventory to allocation limits provided by
144this chapter; review cost projections for conformity with cost
145limits set by s. 1013.64(6); compare total capital outlay full-
146time equivalent enrollment projections in the survey with the
147department's projections; review facilities lists to verify that
148student station and auxiliary facility space allocations do not
149exceed the limits provided by this chapter and related rules;
150review and confirm the application of uniform facility
151utilization factors, where provided by this chapter or related
152rules; utilize the documentation of programs offered per site,
153as submitted by the board, to analyze facility needs; confirm
154that need projections for career and adult educational programs
155comply with needs documented by the Department of Education; and
156confirm the assignment of full-time student stations to all
157space except auxiliary facilities, which, for purposes of
158exemption from student station assignment, include the
160     a.  Cafeterias.
161     b.  Multipurpose dining areas.
162     c.  Media centers.
163     d.  Auditoriums.
164     e.  Administration.
165     f.  Elementary, middle, and high school resource rooms, up
166to the number of such rooms recommended for the applicable
167occupant and space design capacity of the educational plant in
168the State Requirements for Educational Facilities, beyond which
169student stations must be assigned.
170     g.  Elementary, middle, and high school skills labs, up to
171the number of such rooms recommended for the applicable occupant
172and space design capacity of the educational plant in the State
173Requirements for Educational Facilities, beyond which student
174stations must be assigned.
175     h.  Elementary school art, science, and music rooms. Middle
176and high school music rooms may not be assigned more than 30
177student stations.
178     i.  Gymnasiums.
179     j.  Middle and high school science labs that are separate
180from science classrooms.
181     k.  Part-time exceptional student education rooms. Full-
182time exceptional student education rooms may not be assigned
183more than seven student stations.
184     2.  The term "validate" as applied to surveys by Florida
185College System institutions and universities means to review and
186document the approval of each new site and official designation,
187where applicable; review the inventory database as submitted by
188each board to the department, including noncareer, and total
189capital outlay full-time equivalent enrollment projections per
190site and per college; provide for the review and inspection,
191where required, of student stations and aggregate square feet of
192space changed from satisfactory to unsatisfactory; utilize and
193review the documentation of programs offered per site submitted
194by the boards as accurate for analysis of space requirements and
195needs; confirm that needs projected for career and adult
196educational programs comply with needs documented by the
197Department of Education; compare new facility inventory to
198allocations limits as provided in this chapter; review cost
199projections for conformity with state averages or limits
200designated by this chapter; compare student enrollment
201projections in the survey to the department's projections;
202review facilities lists to verify that area allocations and
203space factors for generating space needs do not exceed the
204limits as provided by this chapter and related rules; confirm
205the application of facility utilization factors as provided by
206this chapter and related rules; and review, as submitted,
207documentation of how survey recommendations will implement the
208detail of current campus master plans and integrate with local
209comprehensive plans and development regulations.
210     Section 7.  Notwithstanding any provision of law to the
211contrary, a school district is not required to comply, but may
212comply, with the State Uniform Building Code for Public
213Educational Facilities Construction adopted pursuant to chapter
2141013, Florida Statutes.
215     Section 8.  This act shall take effect July 1, 2012.

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