Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7009, 2nd Eng.
                                Barcode 909518                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 4/AD/3R         .            Floor: C            
             05/01/2013 12:36 PM       .      05/02/2013 11:27 AM       

       Senator Montford moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1074 and 1075
    4  insert:
    5         Section 5. Subsection (9) is added to section 1002.31,
    6  Florida Statutes, to read:
    7         1002.31 Public school parental choice.—
    8         (9) For a school or program that is a public school of
    9  choice under this section, the calculation for compliance with
   10  maximum class size pursuant to s. 1003.03 is the average number
   11  of students at the school level.
   12         Section 6. Section 1002.451, Florida Statutes, is created
   13  to read:
   14         1002.451District innovation school of technology program.—
   16         (a) A district school board may operate an innovation
   17  school of technology for the purpose of developing the
   18  innovative use of industry-leading technology while requiring
   19  high student academic achievement and accountability in exchange
   20  for flexibility and exemption from specified statutes and rules.
   21  The innovation school of technology shall operate within
   22  existing resources.
   23         (b)An innovation school of technology is a school that
   24  has, on a schoolwide basis, adopted and implemented a blended
   25  learning program. A blended learning program is an education
   26  program in which a student learns in part through online
   27  delivery of content and instruction with some element of student
   28  control over time, place, path, or pace and in part at a
   29  supervised brick-and-mortar location away from home. Blended
   30  learning models must include major components such as
   31  differentiated instruction, data-driven placement, flexible
   32  scheduling, differentiated teaching, and self-paced learning.
   33  The school may use one of the following blended learning models:
   34         1. Flipped classroom model in which students use online
   35  instructional videos and practice concepts in the classroom with
   36  the support of the teacher;
   37         2.Flex model in which students learn primarily online and
   38  teachers act as facilitators; or
   39         3. Rotation model in which students move between different
   40  learning modalities, such as online instruction, teacher
   41  directed instruction, seminar or group projects, and one-on-one
   42  teacher coaching. Rotation models include individual, station,
   43  and laboratory models.
   44         (c) An innovation school of technology must be open to any
   45  student covered in an interdistrict agreement or residing in the
   46  school district in which the innovation school of technology is
   47  located. An innovation school of technology shall enroll an
   48  eligible student who submits a timely application if the number
   49  of applications does not exceed the capacity of a program,
   50  class, grade level, or building. If the number of applications
   51  exceeds capacity, all applicants shall have an equal chance of
   52  being admitted through a public random selection process.
   53  However, a district may give enrollment preference to students
   54  who identify the innovation school of technology as the
   55  student’s preferred choice pursuant to the district’s controlled
   56  open enrollment plan.
   57         (2)GUIDING PRINCIPLES.—An innovation school of technology
   58  shall be guided by the following principles:
   59         (a) Meet high standards of student achievement in exchange
   60  for flexibility with respect to statutes or rules.
   61         (b)Implement innovative learning methods and assessment
   62  tools to implement a schoolwide transformation regarding
   63  industry-leading technology to improve student learning and
   64  academic achievement.
   65         (c) Promote enhanced academic success and financial
   66  efficiency by aligning responsibility with accountability and
   67  industry-leading technology.
   68         (d)Measure student performance based on student learning
   69  growth, or based on student achievement if student learning
   70  growth cannot be measured.
   71         (e)Provide a parent with sufficient information as to
   72  whether his or her child is reading at grade level and making
   73  learning gains each year.
   74         (f)Incorporate industry certifications and similar
   75  recognitions into performance expectations.
   76         (g) Focus on utilizing industry-leading hardware and
   77  software technology for student individual use and to develop
   78  the school’s infrastructure in furtherance of this section.
   79         (3) TERM OF PERFORMANCE CONTRACT.—An innovation school of
   80  technology may operate pursuant to a performance contract with
   81  the State Board of Education for a period of 5 years.
   82         (a) Before expiration of the performance contract, the
   83  school’s performance shall be evaluated against the eligibility
   84  criteria, purpose, guiding principles, and compliance with the
   85  contract to determine whether the contract may be renewed. The
   86  contract may be renewed every 5 years.
   87         (b) The performance contract shall be terminated by the
   88  State Board of Education if:
   89         1. The school receives a grade of “F” as an innovation
   90  school of technology for 2 consecutive years;
   91         2. The school or district fails to comply with the criteria
   92  in this section;
   93         3. The school or district does not comply with terms of the
   94  contract which specify that a violation results in termination;
   95  or
   96         4. Other good cause is shown.
   97         (4) FUNDING.—A district school board operating an
   98  innovation school of technology shall report full-time
   99  equivalent students to the department in a manner prescribed by
  100  the department, and funding shall be provided through the
  101  Florida Education Finance Program as provided in ss. 1011.61 and
  102  1011.62. An innovation school of technology may seek and receive
  103  additional funding through incentive grants or public or private
  104  partnerships.
  105         (5) EXEMPTION FROM STATUTES.—
  106         (a)An innovation school of technology is exempt from
  107  chapters 1000-1013. However, an innovation school of technology
  108  shall comply with the following provisions of those chapters:
  109         1. Laws pertaining to the following:
  110         a. Schools of technology, including this section.
  111         b. Student assessment program and school grading system.
  112         c. Services to students who have disabilities.
  113         d. Civil rights, including s. 1000.05, relating to
  114  discrimination.
  115         e. Student health, safety, and welfare.
  116         2.Laws governing the election and compensation of district
  117  school board members and election or appointment and
  118  compensation of district school superintendents.
  119         3.Section 1003.03, governing maximum class size, except
  120  that the calculation for compliance pursuant to s. 1003.03 is
  121  the average at the school level.
  122         4.Sections 1012.22(1)(c) and 1012.27(2), relating to
  123  compensation and salary schedules.
  124         5. Section 1012.33(5), relating to workforce reductions,
  125  for annual contracts for instructional personnel. This
  126  subparagraph does not apply to at-will employees.
  127         6. Section 1012.335, relating to contracts with
  128  instructional personnel hired on or after July 1, 2011, for
  129  annual contracts for instructional personnel. This subparagraph
  130  does not apply to at-will employees.
  131         7. Section 1012.34, relating to requirements for
  132  performance evaluations of instructional personnel and school
  133  administrators.
  134         (b) An innovation school of technology shall also comply
  135  with chapter 119 and s. 286.011, relating to public meetings and
  136  records, public inspection, and criminal and civil penalties.
  137         (c) An innovation school of technology is exempt from ad
  138  valorem taxes and the State Requirements for Educational
  139  Facilities when leasing facilities.
  141         (a) A district school board may apply to the State Board of
  142  Education for an innovation school of technology if the
  143  district:
  144         1. Has at least 20 percent of its total enrollment in
  145  public school choice programs or at least 5 percent of its total
  146  enrollment in charter schools;
  147         2.Has no material weaknesses or instances of material
  148  noncompliance noted in the annual financial audit conducted
  149  pursuant to s. 218.39; and
  150         3.Has received a district grade of “A” or “B” in each of
  151  the past 3 years.
  152         (b) A district school board may operate one innovation
  153  school of technology upon an application being approved by the
  154  State Board of Education.
  155         1. A district school board may apply to the State Board of
  156  Education to establish additional schools of technology if each
  157  existing innovation school of technology in the district:
  158         a. Meets all requirements in this section and in the
  159  performance contract;
  160         b. Has a grade of “A” or “B”; and
  161         c. Has at least 50 percent of its students exceed the state
  162  average on the statewide assessment program pursuant to s.
  163  1008.22. This comparison may take student subgroups, as defined
  164  in the federal Elementary and Secondary Education Act (ESEA), 20
  165  U.S.C. s. 6311(b)(2)(C)(v)(II), into specific consideration so
  166  that at least 50 percent of students in each student subgroup
  167  meet or exceed the statewide average performance, rounded to the
  168  nearest whole number, of that particular subgroup.
  169         2. Notwithstanding subparagraph 1., the number of schools
  170  of technology in a school district may not exceed:
  171         a. Seven in a school district that has 100,000 or more
  172  students.
  173         b. Five in a school district that has 50,000 to 99,999
  174  students.
  175         c. Three in a school district that has fewer than 50,000
  176  students.
  177         (c) A school district that meets the eligibility
  178  requirements of paragraph (a) may apply to the State Board of
  179  Education at any time to enter into a performance contract to
  180  operate an innovation school of technology. The application
  181  must, at a minimum:
  182         1. Demonstrate how the school district meets and will
  183  continue to meet the requirements of this section;
  184         2. Identify how the school will accomplish the purposes and
  185  guiding principles of this section;
  186         3. Identify the statutes or rules from which the district
  187  is seeking a waiver for the school;
  188         4. Identify and provide supporting documentation for the
  189  purpose and impact of each waiver, how each waiver would enable
  190  the school to achieve the purpose and guiding principles of this
  191  section, and how the school would not be able to achieve the
  192  purpose and guiding principles of this section without each
  193  waiver; and
  194         5. Confirm that the school board remains responsible for
  195  the operation, control, and supervision of the school in
  196  accordance with all applicable laws, rules, and district
  197  procedures not waived pursuant to this section or waived
  198  pursuant to other applicable law.
  199         (d) The State Board of Education shall approve or deny the
  200  application within 90 days or, with the agreement of the school
  201  district, at a later date.
  202         (e) The performance contract must address the terms under
  203  which the State Board of Education may cancel the contract and,
  204  at a minimum, the methods by which:
  205         1.Upon execution of the performance contract, the school
  206  district will plan the program during the first year, begin at
  207  least partial implementation of the program during the second
  208  year, and fully implement the program by the third year. A
  209  district may implement the program sooner than specified in this
  210  subparagraph if authorized in the performance contract.
  211         2.The school will integrate industry-leading technology
  212  into instruction, assessment, and professional development. The
  213  school may also restructure the school day or school year in a
  214  way that allows it to best accomplish its goals.
  215         3.The school and district will monitor performance
  216  progress based on skills that help students succeed in college
  217  and careers, including problem solving, research,
  218  interpretation, and communication.
  219         4. The school will incorporate industry certifications and
  220  similar recognitions into performance expectations.
  221         5. The school and district will comply with this section
  222  and the performance contract.
  223         (f) Three or more contiguous school districts may apply to
  224  enter into a joint performance contract as a Region of
  225  Technology, subject to terms and conditions contained in this
  226  section for a single school district.
  227         (g) The State Board of Education shall monitor schools of
  228  technology to ensure that the respective school district is in
  229  compliance with this section and the performance contract.
  230         (h) The State Board of Education shall adopt rules pursuant
  231  to ss. 120.536(1) and 120.54 to implement this section,
  232  including, but not limited to, an application, evaluation
  233  instrument, and renewal evaluation instrument.
  234         (i) This section does not supersede the provisions of s.
  235  768.28.
  236         (7)REPORTS.—The school district of an innovation school of
  237  technology shall submit to the State Board of Education, the
  238  President of the Senate, and the Speaker of the House of
  239  Representatives an annual report by December 1 of each year
  240  which delineates the performance of the innovation school of
  241  technology as it relates to the academic performance of
  242  students. The annual report shall be submitted in a format
  243  prescribed by the Department of Education and must include, but
  244  need not be limited to, the following:
  245         (a)Evidence of compliance with this section.
  246         (b) Efforts to close the achievement gap.
  247         (c)Longitudinal performance of students, by grade level
  248  and subgroup, in mathematics, reading, writing, science, and any
  249  other subject that is included as a part of the statewide
  250  assessment program in s. 1008.22.
  251         (d)Longitudinal performance for students who take an
  252  Advanced Placement Examination, organized by age, gender, and
  253  race, and for students who participate in the National School
  254  Lunch Program.
  255         (e)Number and percentage of students who take an Advanced
  256  Placement Examination.
  257         (f) Identification and analysis of industry-leading
  258  technology used to comply with this section, including, but not
  259  limited to, recommendations and lessons learned from such use.
  261  ================= T I T L E  A M E N D M E N T ================
  262         And the title is amended as follows:
  263         Delete line 62
  264  and insert:
  265         standard charter contract; amending s. 1002.31, F.S.;
  266         providing a calculation for compliance with class size
  267         maximums for a public school of choice; creating s.
  268         1002.451, F.S.; creating schools of technology to
  269         allow school districts to be innovative with industry
  270         leading technology and earn flexibility for high
  271         academic achievement; describing permissible learning
  272         models; specifying student eligibility requirements;
  273         providing guiding principles for schools of
  274         innovation; providing guiding principles for schools
  275         of technology; specifying requirements of a
  276         performance contract between the State Board of
  277         Education and an innovation school of technology;
  278         establishing the term of the performance contract;
  279         providing for funding; exempting schools of technology
  280         from ch. 1000-1013, F.S., subject to certain
  281         exceptions; exempting such schools from certain ad
  282         valorem taxes and other requirements; specifying
  283         school district eligibility; establishing an
  284         application process; limiting the number of schools of
  285         technology that may be operated and established in a
  286         school district; providing for a Region of Technology
  287         in which three or more school districts enter into a
  288         joint performance contract; requiring the State Board
  289         of Education to monitor schools of technology for
  290         compliance with the act and performance contracts;
  291         requiring the State Board of Education to adopt rules;
  292         requiring a school district with an innovation school
  293         of technology to submit an annual report to the State
  294         Board of Education and the Legislature; specifying
  295         requirements for such report; providing an effective