Florida Senate - 2016                                    SB 1634
       
       
        
       By Senator Legg
       
       17-01664B-16                                          20161634__
    1                        A bill to be entitled                      
    2         An act relating to school choice; amending s. 1002.31,
    3         F.S.; specifying that the calculation for compliance
    4         with maximum class size requirements for a specified
    5         district innovation school of choice is at the school
    6         level; amending s. 1002.33, F.S.; requiring certain
    7         charter schools to include specified language in their
    8         charter contracts; amending s. 1002.451, F.S.;
    9         changing the term “innovation school of technology” to
   10         “innovation school of choice”; authorizing, rather
   11         than requiring, an innovation school of choice to
   12         adopt and implement a blended learning program;
   13         revising the guiding principles of an innovation
   14         school of choice; authorizing a district school board
   15         to operate one or more innovation schools of choice;
   16         revising the minimum content requirements of an
   17         application for an innovation school of choice;
   18         deleting a provision that authorizes a school to
   19         restructure the school day or school year for
   20         specified purposes; requiring the State Board of
   21         Education to review at a specified interval the
   22         performance metrics of each individual innovation
   23         school of choice for compliance with certain
   24         requirements; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (5) of section 1002.31, Florida
   29  Statutes, is amended to read:
   30         1002.31 Controlled open enrollment; public school parental
   31  choice.—
   32         (5) For a school or program that is a district innovation
   33  public school of choice approved under s. 1002.451 this section,
   34  the calculation for compliance with maximum class size pursuant
   35  to s. 1003.03 is the average number of students at the school
   36  level.
   37         Section 2. Paragraph (b) of subsection (16) of section
   38  1002.33, Florida Statutes, is amended, and subsection (29) is
   39  added to that section, to read:
   40         1002.33 Charter schools.—
   41         (16) EXEMPTION FROM STATUTES.—
   42         (b) Additionally, a charter school shall be in compliance
   43  with the following statutes:
   44         1. Section 286.011, relating to public meetings and
   45  records, public inspection, and criminal and civil penalties.
   46         2. Chapter 119, relating to public records.
   47         3. Section 1003.03, relating to the maximum class size,
   48  except that the calculation for compliance pursuant to s.
   49  1003.03 shall be the average at the school level for a charter
   50  school that complies with subsection (29).
   51         4. Section 1012.22(1)(c), relating to compensation and
   52  salary schedules.
   53         5. Section 1012.33(5), relating to workforce reductions.
   54         6. Section 1012.335, relating to contracts with
   55  instructional personnel hired on or after July 1, 2011.
   56         7. Section 1012.34, relating to the substantive
   57  requirements for performance evaluations for instructional
   58  personnel and school administrators.
   59         (29) In order for the calculation for compliance with
   60  maximum class size pursuant to s. 1003.03 to be the average at
   61  the school level, a charter school must work with its sponsor to
   62  include in the charter contract language that:
   63         (a) Clearly articulates how the charter school distinctly
   64  and uniquely defines and provides schoolwide innovation and what
   65  the school’s policies are for enrollment in the innovation
   66  school of choice.
   67         (b) Specifies performance metrics, including, but not
   68  limited to, trends and targets for students’ performance
   69  improvement associated with the innovation.
   70         (c) Requires that the status of the performance metrics be
   71  reviewed for compliance every 3 years in order for the
   72  calculation for compliance with maximum class size pursuant to
   73  s. 1003.03 to continue to be at the average at the school level.
   74         Section 3. Section 1002.451, Florida Statutes, is amended
   75  to read:
   76         1002.451 District innovation school of choice technology
   77  program.—
   78         (1) DISTRICT INNOVATION SCHOOL OF CHOICE TECHNOLOGY.—
   79         (a) A district school board may operate an innovation
   80  school of choice technology for the purpose of developing
   81  innovation, which may include, but is not limited to, the
   82  innovative use of industry-leading technology, while requiring
   83  high student academic achievement and accountability in exchange
   84  for flexibility and exemption from specified statutes and rules.
   85  The innovation school of choice technology shall operate within
   86  existing resources.
   87         (b) An innovation school of choice may, technology is a
   88  school that has, on a schoolwide basis, adopt adopted and
   89  implement implemented a blended learning program. A blended
   90  learning program is an education program in which a student
   91  learns in part through online delivery of content and
   92  instruction with some element of student control over time,
   93  place, path, or pace and in part at a supervised brick-and
   94  mortar location away from home. Blended learning models must
   95  include major components such as differentiated instruction,
   96  data-driven placement, flexible scheduling, differentiated
   97  teaching, and self-paced learning. The school may use one of the
   98  following blended learning models:
   99         1. Flipped classroom model in which students use online
  100  instructional videos and practice concepts in the classroom with
  101  the support of the teacher;
  102         2. Flex model in which students learn primarily online and
  103  teachers act as facilitators; or
  104         3. Rotation model in which students move between different
  105  learning modalities, such as online instruction, teacher
  106  directed instruction, seminar or group projects, and one-on-one
  107  teacher coaching. Rotation models include individual, station,
  108  and laboratory models.
  109         (c) An innovation school of choice technology must be open
  110  to any student covered in an interdistrict agreement or residing
  111  in the school district in which the innovation school of choice
  112  technology is located. An innovation school of choice technology
  113  shall enroll an eligible student who submits a timely
  114  application if the number of applications does not exceed the
  115  capacity of a program, class, grade level, or building. If the
  116  number of applications exceeds capacity, all applicants shall
  117  have an equal chance of being admitted through a public random
  118  selection process. However, a district may give enrollment
  119  preference to students who identify the innovation school of
  120  choice technology as the student’s preferred choice pursuant to
  121  the district’s controlled open enrollment plan.
  122         (2) GUIDING PRINCIPLES.—An innovation school of choice
  123  technology shall be guided by the following principles:
  124         (a) Use innovation to meet high standards of student
  125  achievement in exchange for flexibility with respect to statutes
  126  or rules.
  127         (b) Implement innovative learning methods and assessment
  128  tools to implement a schoolwide transformation regarding
  129  industry-leading technology to improve student learning and
  130  academic achievement.
  131         (c) Promote enhanced academic success and financial
  132  efficiency by aligning responsibility with accountability and
  133  innovation, which may include, but is not limited to, industry
  134  leading technology.
  135         (d) Measure student performance based on student learning
  136  growth, or based on student achievement if student learning
  137  growth cannot be measured.
  138         (e) Provide a parent with sufficient information as to
  139  whether his or her child is reading at grade level and making
  140  learning gains each year.
  141         (f) Incorporate industry certifications and similar
  142  recognitions into performance expectations.
  143         (g) Focus on using innovation, which may include, but is
  144  not limited to, utilizing industry-leading hardware and software
  145  technology for student individual use and for developing to
  146  develop the school’s infrastructure in furtherance of this
  147  section.
  148         (3) TERM OF PERFORMANCE CONTRACT.—An innovation school of
  149  choice technology may operate pursuant to a performance contract
  150  with the State Board of Education for a period of 5 years.
  151         (a) Before expiration of the performance contract, the
  152  school’s performance shall be evaluated against the eligibility
  153  criteria, purpose, guiding principles, and compliance with the
  154  contract to determine whether the contract may be renewed. The
  155  contract may be renewed every 5 years.
  156         (b) The performance contract shall be terminated by the
  157  State Board of Education if:
  158         1. The school receives a grade of “F” as an innovation
  159  school of choice technology for 2 consecutive years;
  160         2. The school or district fails to comply with the criteria
  161  in this section;
  162         3. The school or district does not comply with terms of the
  163  contract which specify that a violation results in termination;
  164  or
  165         4. Other good cause is shown.
  166         (4) FUNDING.—A district school board operating an
  167  innovation school of choice technology shall report full-time
  168  equivalent students to the department in a manner prescribed by
  169  the department, and funding shall be provided through the
  170  Florida Education Finance Program as provided in ss. 1011.61 and
  171  1011.62. An innovation school of choice technology may seek and
  172  receive additional funding through incentive grants or public or
  173  private partnerships.
  174         (5) EXEMPTION FROM STATUTES.—
  175         (a) An innovation school of choice technology is exempt
  176  from chapters 1000-1013. However, an innovation school of choice
  177  technology shall comply with the following provisions of those
  178  chapters:
  179         1. Laws pertaining to the following:
  180         a. Schools of technology, including this section.
  181         b. Student assessment program and school grading system.
  182         c. Services to students who have disabilities.
  183         d. Civil rights, including s. 1000.05, relating to
  184  discrimination.
  185         e. Student health, safety, and welfare.
  186         2. Laws governing the election and compensation of district
  187  school board members and election or appointment and
  188  compensation of district school superintendents.
  189         3. Section 1003.03, governing maximum class size, except
  190  that the calculation for compliance pursuant to s. 1003.03 is
  191  the average at the school level.
  192         4. Sections 1012.22(1)(c) and 1012.27(2), relating to
  193  compensation and salary schedules.
  194         5. Section 1012.33(5), relating to workforce reductions,
  195  for annual contracts for instructional personnel. This
  196  subparagraph does not apply to at-will employees.
  197         6. Section 1012.335, relating to contracts with
  198  instructional personnel hired on or after July 1, 2011, for
  199  annual contracts for instructional personnel. This subparagraph
  200  does not apply to at-will employees.
  201         7. Section 1012.34, relating to requirements for
  202  performance evaluations of instructional personnel and school
  203  administrators.
  204         (b) An innovation school of choice technology shall also
  205  comply with chapter 119 and s. 286.011, relating to public
  206  meetings and records, public inspection, and criminal and civil
  207  penalties.
  208         (c) An innovation school of choice technology is exempt
  209  from ad valorem taxes and the State Requirements for Educational
  210  Facilities when leasing facilities.
  211         (6) APPLICATION PROCESS AND PERFORMANCE CONTRACT.—
  212         (a) A district school board may apply to the State Board of
  213  Education for an innovation school of choice technology if the
  214  district:
  215         1. Has at least 20 percent of its total enrollment in
  216  public school choice programs or at least 5 percent of its total
  217  enrollment in charter schools;
  218         2. Has no material weaknesses or instances of material
  219  noncompliance noted in the annual financial audit conducted
  220  pursuant to s. 218.39; and
  221         3. Has received a district grade of “A” or “B” in each of
  222  the past 3 years.
  223         (b) A district school board may operate one or more
  224  innovation schools school of choice technology upon the school’s
  225  an application being approved by the State Board of Education.
  226         1. A district school board may include multiple individual
  227  innovation schools of choice in an application; however, the
  228  application must specify for each school how the individual
  229  innovation school of choice will distinctly and uniquely comply
  230  on a schoolwide basis with this section. Each innovation school
  231  of choice identified in an application must be evaluated and
  232  approved or denied on an individual basis.
  233         2.1. A district school board may apply to the State Board
  234  of Education to establish additional schools of choice
  235  technology if each existing innovation school of choice
  236  technology in the district:
  237         a. Meets all requirements in this section and in the
  238  performance contract;
  239         b. Has a grade of “A” or “B”; and
  240         c. Has at least 50 percent of its students exceed the state
  241  average on the statewide assessment program pursuant to s.
  242  1008.22. This comparison may take student subgroups, as defined
  243  in the federal Elementary and Secondary Education Act (ESEA), 20
  244  U.S.C. s. 6311(b)(2)(C)(v)(II), into specific consideration so
  245  that at least 50 percent of students in each student subgroup
  246  meet or exceed the statewide average performance, rounded to the
  247  nearest whole number, of that particular subgroup.
  248         2. Notwithstanding subparagraph 1., the number of schools
  249  of technology in a school district may not exceed:
  250         a. Seven in a school district that has 100,000 or more
  251  students.
  252         b. Five in a school district that has 50,000 to 99,999
  253  students.
  254         c. Three in a school district that has fewer than 50,000
  255  students.
  256         (c) A school district that meets the eligibility
  257  requirements of paragraph (a) may apply to the State Board of
  258  Education at any time to enter into a performance contract to
  259  operate an innovation school of choice technology. The
  260  application for each school must, at a minimum :
  261         1. Demonstrate how the school district meets and will
  262  continue to meet the requirements of this section;
  263         2. Identify how the school will accomplish the purposes and
  264  guiding principles of this section;
  265         3. Identify the statutes or rules from which the district
  266  is seeking a waiver for the school;
  267         4. Identify and provide supporting documentation for the
  268  purpose and impact of each waiver, how each waiver would enable
  269  the school to achieve the purpose and guiding principles of this
  270  section, and how the school would not be able to achieve the
  271  purpose and guiding principles of this section without each
  272  waiver; and
  273         5. Confirm that the school board remains responsible for
  274  the operation, control, and supervision of the school in
  275  accordance with all applicable laws, rules, and district
  276  procedures not waived pursuant to this section or waived
  277  pursuant to other applicable law;.
  278         6. Clearly articulate how the charter school distinctly and
  279  uniquely defines and provides schoolwide innovation and what the
  280  school’s policies are for enrollment in the innovation school of
  281  choice; and
  282         7. Specify performance metrics, including, but not limited
  283  to, trends and targets for students’ performance improvement
  284  associated with the innovation.
  285         (d) The State Board of Education shall approve or deny the
  286  application within 90 days or, with the agreement of the school
  287  district, at a later date.
  288         (e) The performance contract must address the terms under
  289  which the State Board of Education may cancel the contract and,
  290  at a minimum, the methods by which:
  291         1. Upon execution of the performance contract, the school
  292  district will plan the program during the first year, begin at
  293  least partial implementation of the program during the second
  294  year, and fully implement the program by the third year. A
  295  district may implement the program sooner than specified in this
  296  subparagraph if authorized in the performance contract.
  297         2. The school will integrate innovation, which may include,
  298  but is not limited to, industry-leading technology, into
  299  instruction, assessment, and professional development. The
  300  school may also restructure the school day or school year in a
  301  way that allows it to best accomplish its goals.
  302         3. The school and district will monitor performance
  303  progress based on skills that help students succeed in college
  304  and careers, including problem solving, research,
  305  interpretation, and communication.
  306         4. The school will incorporate industry certifications and
  307  similar recognitions into performance expectations.
  308         5. The school and district will comply with this section
  309  and the performance contract.
  310         (f) Three or more contiguous school districts may apply to
  311  enter into a joint performance contract as a Region of Choice
  312  Technology, subject to terms and conditions contained in this
  313  section for a single school district.
  314         (g) The State Board of Education shall monitor innovation
  315  schools of choice technology to ensure that the respective
  316  school district is in compliance with this section and the
  317  performance contract. The State Board of Education must review
  318  the performance metrics of each individual innovation school of
  319  choice every 3 years and determine each school to be in
  320  compliance in order for the calculation for compliance with
  321  maximum class size pursuant to s. 1003.03 for the school to be
  322  at the average school level as authorized under subparagraph
  323  (5)(a)3.
  324         (h) The State Board of Education shall adopt rules pursuant
  325  to ss. 120.536(1) and 120.54 to implement this section,
  326  including, but not limited to, an application, evaluation
  327  instrument, and renewal evaluation instrument.
  328         (i) This section does not supersede the provisions of s.
  329  768.28.
  330         (7) REPORTS.—The school district of an innovation school of
  331  choice technology shall submit to the State Board of Education,
  332  the President of the Senate, and the Speaker of the House of
  333  Representatives an annual report by December 1 of each year
  334  which delineates the performance of the innovation school of
  335  choice technology as it relates to the academic performance of
  336  students. The annual report shall be submitted in a format
  337  prescribed by the Department of Education and must include, but
  338  need not be limited to, the following:
  339         (a) Evidence of compliance with this section.
  340         (b) Efforts to close the achievement gap.
  341         (c) Longitudinal performance of students, by grade level
  342  and subgroup, in mathematics, reading, writing, science, and any
  343  other subject that is included as a part of the statewide
  344  assessment program in s. 1008.22.
  345         (d) Longitudinal performance for students who take an
  346  Advanced Placement Examination, organized by age, gender, and
  347  race, and for students who participate in the National School
  348  Lunch Program.
  349         (e) Number and percentage of students who take an Advanced
  350  Placement Examination.
  351         (f) Identification and analysis of innovation, which may
  352  include, but is not limited to, industry-leading technology,
  353  used to comply with this section, including, but not limited to,
  354  recommendations and lessons learned from such use.
  355         Section 4. This act shall take effect upon becoming a law.