Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1390
                                Barcode 133024                          
       Proposed Committee Substitute by the Committee on Education
    1                        A bill to be entitled                      
    2         An act relating to school district innovation;
    3         providing a short title; amending s. 196.1983, F.S.;
    4         granting school districts the ad valorem tax exemption
    5         given to charter schools; requiring a landlord to
    6         certify compliance by affidavit; amending s. 1002.31,
    7         F.S.; providing a calculation for compliance with
    8         class size maximums for a public school of choice;
    9         creating s. 1003.622, F.S.; creating innovation
   10         schools to allow school districts to earn flexibility
   11         for high academic achievement; specifying school and
   12         student eligibility requirements; limiting the number
   13         of innovation schools that may be operated and
   14         established in a school district; providing guiding
   15         principles for innovation schools; requiring
   16         innovation schools to personalize education for each
   17         student; establishing an application process;
   18         specifying requirements of a performance contract
   19         between the State Board of Education and a school
   20         district; establishing the term of the performance
   21         contract; requiring the State Board of Education to
   22         monitor innovation schools for compliance with the act
   23         and performance contracts; requiring the State Board
   24         of Education to adopt rules; providing that a
   25         participating school district has autonomy in certain
   26         areas; exempting innovation schools from ch. 1000
   27         1013, F.S., subject to certain exceptions; exempting
   28         such districts from certain ad valorem taxes and other
   29         requirements; providing for funding; requiring a
   30         school district with an innovation school to submit an
   31         annual report to the State Board of Education and the
   32         Legislature; specifying requirements for such report;
   33         providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. SHORT TITLE.—This act may be cited as the
   38  “Florida Innovation Schools Act.”
   39         Section 2. Section 196.1983, Florida Statutes, is amended
   40  to read:
   41         196.1983 Charter school and school district exemption from
   42  ad valorem taxes.—Any facility, or portion thereof, used to
   43  house a school district or a charter school whose charter has
   44  been approved by the sponsor and the governing board pursuant to
   45  s. 1002.33(7) is shall be exempt from ad valorem taxes. For
   46  leasehold properties, the landlord must certify by affidavit to
   47  the district or the charter school sponsor that the lease
   48  payments shall be reduced to the extent of the exemption
   49  received. The owner of the property shall disclose to a charter
   50  school the full amount of the benefit derived from the exemption
   51  and the method for ensuring that the district or charter school
   52  receives such benefit. The charter school shall receive the full
   53  benefit derived from the exemption through either an annual or
   54  monthly credit to the district’s or charter school’s lease
   55  payments.
   56         Section 3. Subsection (9) is added to section 1002.31,
   57  Florida Statutes, to read:
   58         1002.31 Public school parental choice.—
   59         (9) For a school or program that is a public school of
   60  choice under this section, the calculation for compliance with
   61  maximum class size pursuant to s. 1003.03 is the average number
   62  of students at the school level.
   63         Section 4. Section 1003.622, Florida Statutes, is created
   64  to read:
   65         1003.622District innovation schools.—
   66         (1) PURPOSE AND ELIGIBILITY.—
   67         (a) The purpose of an innovation school is to utilize
   68  innovation and enhance high academic achievement and
   69  accountability in exchange for flexibility and exemptions from
   70  specific statutes.
   71         (b) An innovation school is a school that:
   72         1. Operates as a public school of parental choice pursuant
   73  to s. 1002.31;
   74         2. Focuses on teaching and learning infused with current
   75  technology;
   76         3. Prepares students for a career or postsecondary
   77  education;
   78         4. Utilizes innovation and enhances high student academic
   79  achievement and accountability;
   80         5. Enhances academic success and financial efficiency by
   81  aligning responsibility with accountability;
   82         6. Provides a parent with sufficient information for each
   83  year spent in the innovation school regarding the educational
   84  progress of his or her child, the child’s reading grade level,
   85  and the child’s performance toward achieving common core
   86  standards appropriate for the student’s grade level;
   87         7. Has a theme or academic focus that is based on
   88  innovation and is unique in the district; and
   89         8. Offers specialized programs and creates innovative
   90  learning approaches in a diverse environment.
   91         (c) A district school board may apply to the State Board of
   92  Education for an innovation school if the district:
   93         1. Has at least 20 percent of its total enrollment in
   94  public choice programs or at least 5 percent of its total
   95  enrollment in charter schools;
   96         2.Has no material weaknesses or instances of material
   97  noncompliance noted in the annual financial audit conducted
   98  pursuant to s. 218.39; and
   99         3.Has not received a district grade below B in the past 3
  100  years.
  101         (d) A district school board may operate one innovation
  102  school upon an application being approved by the State Board of
  103  Education.
  104         1. A district school board may apply to the State Board of
  105  Education to establish additional innovation schools if each
  106  existing innovation school in the district:
  107         a. Meets all requirements in this section and in the
  108  performance contract;
  109         b. Has a grade of A or B”; and
  110         c. Has at least 50 percent of its students exceed the state
  111  average on the statewide assessment program pursuant to s.
  112  1008.22. This comparison may take student subgroups, as defined
  113  in the federal Elementary and Secondary Education Act (ESEA), 20
  114  U.S.C. s. 6311(b)(2)(C)(v)(II), into specific consideration so
  115  that at least 50 percent of students in each student subgroup
  116  meet or exceed the statewide average performance, rounded to the
  117  nearest whole number, of that particular subgroup.
  118         2. Notwithstanding subparagraph 1., the number of
  119  innovation schools in a school district may not exceed:
  120         a. Seven in a school district that has 100,000 or more
  121  students.
  122         b. Five in a school district that has 50,000 to 99,999
  123  students.
  124         c. Three in a school district that has fewer than 50,000
  125  students.
  126         (e)An innovation school must be open to any student
  127  covered in an interdistrict agreement or residing in the school
  128  district in which the innovation school is located. An
  129  innovation school shall enroll an eligible student who submits a
  130  timely application if the number of applications does not exceed
  131  the capacity of a program, class, grade level, or building. If
  132  the number of applications exceeds capacity, all applicants
  133  shall have an equal chance of being admitted through a public
  134  random selection process. However, a district may give
  135  enrollment preference to students who identify the innovation
  136  school as the student’s preferred choice pursuant to the
  137  district’s controlled open enrollment plan.
  138         (2)GUIDING PRINCIPLES.—
  139         (a) An innovation school shall be guided by the following
  140  principles:
  141         1. Student learning is aligned with the Next Generation
  142  Sunshine State Standards.
  143         2. Students advance by demonstrating skills, abilities, and
  144  knowledge necessary to ensure a successful career.
  145         3. Teachers, advisors, students, and parents manage a
  146  personalized learning plan that accounts for each student’s
  147  preferred pace and learning style.
  148         4. Each student learns in the way he or she learns best,
  149  such as independently, one-on-one with a coach, collaboratively
  150  in small groups, online, through internships or early college
  151  courses, or in other real-world contexts.
  152         5. Instructional personnel take on roles as learning
  153  coaches, advisors, and content and assessment experts.
  154         (b) An innovation school shall:
  155         1. Meet high standards of student achievement.
  156         2.Implement innovative learning methods, including blended
  157  learning, and assessment tools to implement a schoolwide
  158  transformation to improve student learning and academic
  159  achievement.
  160         3.Measure student performance based on student learning
  161  growth, or based on student achievement if student learning
  162  growth cannot be measured.
  163         4.Incorporate industry certifications and similar
  164  recognitions into performance expectations.
  165         5.Tailor the program to students at the school,
  166  personalize education for each student, and empower students to
  167  plan and manage their own studies in a variety of ways.
  168         (c) Classroom teachers, as defined in s. 1012.01(2)(a),
  169  shall be evaluated based on performance pursuant to s. 1012.34.
  170  However, an innovation school may use an equally appropriate
  171  formula pursuant to s. 1012.34(7)(b) to make such evaluation.
  172         (d) An innovation school may operate as a virtual school.
  174  district that meets the eligibility requirements of subsection
  175  (1) may apply to the State Board of Education at any time to
  176  enter into a performance contract to operate an innovation
  177  school.
  178         (a) The application must, at a minimum:
  179         1. Demonstrate how the school district meets and will
  180  continue to meet the requirements of this section;
  181         2. Identify how the school will accomplish the purposes and
  182  guiding principles of this section;
  183         3. Identify the statutes or rules from which the district
  184  is seeking a waiver for the school;
  185         4. Identify and provide supporting documentation for the
  186  purpose and impact of each waiver, how each waiver would enable
  187  the school to achieve the purpose and guiding principles of this
  188  section, and how the school would not be able to achieve the
  189  purpose and guiding principles of this section without each
  190  waiver; and
  191         5. Confirm that the school board remains responsible for
  192  the operation, control, and supervision of the school in
  193  accordance with all applicable laws, rules, and district
  194  procedures not waived pursuant to this section or waived
  195  pursuant to other applicable law.
  196         (b) The State Board of Education shall approve or deny the
  197  application within 90 days or, with the agreement of the school
  198  district, at a later date.
  199         (c) The performance contract must address the terms under
  200  which the State Board of Education may cancel the contract and,
  201  at a minimum, the methods by which:
  202         1.Upon execution of the performance contract, the school
  203  district will plan the program during the first year, begin at
  204  least partial implementation of the program during the second
  205  year, and fully implement the program by the third year. A
  206  district may implement the program sooner than specified in this
  207  paragraph if authorized in the performance contract.
  208         2.The school will integrate technology into instruction,
  209  assessment, and professional development. The school may also
  210  restructure the school day or school year in a way that allows
  211  it to best accomplish its goals.
  212         3.The school and district will monitor performance
  213  progress based on skills that help students succeed in college
  214  and careers, including problem solving, research,
  215  interpretation, and communication.
  216         4. The school will allow students to advance based on
  217  student competency and understanding of the content.
  218         5. The learning environment will allow for innovation.
  219         6. The resources will enable personalization and increase
  220  student achievement and college and career readiness.
  221         7. The school will incorporate industry certifications and
  222  similar recognitions into performance expectations.
  223         (d) The State Board of Education shall monitor innovation
  224  schools to ensure that the respective school district is in
  225  compliance with this section and the performance contract.
  226         (e) The State Board of Education shall adopt rules pursuant
  227  to ss. 120.536(1) and 120.54 to implement this section,
  228  including, but not limited to, an application, evaluation
  229  instrument, and renewal evaluation instrument.
  230         (f) This section does not supersede the provisions of s.
  231  768.28.
  232         (4) TERM OF PERFORMANCE CONTRACT.—An innovation school may
  233  operate pursuant to a performance contract with the State Board
  234  of Education for a period of 5 years.
  235         (a) Before expiration of the performance contract, the
  236  school’s performance shall be evaluated against the eligibility
  237  criteria, purpose, guiding principles, and compliance with the
  238  contract to determine whether the contract may be renewed. The
  239  contract may be renewed every 5 years.
  240         (b) The performance contract shall be terminated by the
  241  State Board of Education if:
  242         1. The school receives a school grade as an innovation
  243  school of “F” for 2 consecutive years;
  244         2. The school or district fails to comply with the criteria
  245  in this section;
  246         3. The school or district does not comply with terms of the
  247  contract which specify that a violation results in termination;
  248  or
  249         4. Other good cause is shown.
  250         (5) EXEMPTION FROM STATUTES.—
  251         (a)An innovation school is generally exempt from chapters
  252  1000-1013, and shall have autonomy in the budget, staffing,
  253  governance, curriculum, assessment, and school calendar.
  254  However, an innovation school shall comply with the following
  255  provisions of those chapters:
  256         1. Laws pertaining to the following:
  257         a. Innovation schools, including this section.
  258         b. Student assessment program and school grading system.
  259         c. Services to students who have disabilities.
  260         d. Civil rights, including s. 1000.05, relating to
  261  discrimination.
  262         e. Student health, safety, and welfare.
  263         2.Laws governing the election and compensation of district
  264  school board members and election or appointment and
  265  compensation of district school superintendents.
  266         3.Section 1003.03, governing maximum class size, except
  267  that the calculation for compliance pursuant to s. 1003.03 is
  268  the average at the school level.
  269         4.Sections 1012.22(1)(c) and 1012.27(2), relating to
  270  compensation and salary schedules.
  271         5. Section 1012.33(5), relating to workforce reductions.
  272         6. Section 1012.335, relating to contracts with
  273  instructional personnel hired on or after July 1, 2011.
  274         (b) An innovation school shall also comply with chapter 119
  275  and section 286.011, relating to public meetings and records,
  276  public inspection, and criminal and civil penalties.
  277         (c) An innovation school is exempt from ad valorem taxes
  278  and the State Requirements for Educational Facilities when
  279  leasing facilities.
  280         (6)FUNDING.—A district school board operating an
  281  innovation school shall report full-time equivalent students to
  282  the department in a manner prescribed by the department. As with
  283  other schools in the district, funding shall be provided through
  284  the Florida Education Finance Program described in ss. 1011.61
  285  and 1011.62. An innovation school may seek and receive
  286  additional funding through incentive grants or public or private
  287  partnerships.
  288         (7)REPORTS.—The school district of an innovation school
  289  shall submit to the State Board of Education, the President of
  290  the Senate, and the Speaker of the House of Representatives an
  291  annual report by December 1 of each year which delineates the
  292  performance of the innovation school as it relates to the
  293  academic performance of students. The annual report shall be
  294  submitted in a format prescribed by the Department of Education
  295  and must include, but need not be limited to, the following:
  296         (a)Evidence of compliance with this section.
  297         (b) Efforts to close the achievement gap.
  298         (c)Longitudinal performance of students, by grade level
  299  and subgroup, in mathematics, reading, writing, science, and any
  300  other subject that is included as a part of the statewide
  301  assessment program in s. 1008.22.
  302         (d)Longitudinal performance for students who take an
  303  Advanced Placement Examination, organized by age, gender, and
  304  race, and for students who participate in the National School
  305  Lunch Program.
  306         (e)Number and percentage of students who take an Advanced
  307  Placement Examination.
  308         Section 5. This act shall take effect July 1, 2013.