Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 926
       
       
       
       
       
       
                                Ì903014kÎ903014                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2017           .                                
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       The Committee on Rules (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 157 and 158
    4  insert:
    5         Section 3. Paragraph (c) of subsection (2) of section
    6  1002.20, Florida Statutes, is amended, present paragraph (d) is
    7  redesignated as paragraph (e), and a new paragraph (d) is added
    8  to that subsection, to read:
    9         1002.20 K-12 student and parent rights.—Parents of public
   10  school students must receive accurate and timely information
   11  regarding their child’s academic progress and must be informed
   12  of ways they can help their child to succeed in school. K-12
   13  students and their parents are afforded numerous statutory
   14  rights, including, but not limited to, the following:
   15         (2) ATTENDANCE.—
   16         (c) Absence for religious purposes.—A parent of a public
   17  school student may request and be granted permission for absence
   18  of the student from school for religious instruction or
   19  religious holidays, in accordance with the provisions of s.
   20  1003.21(2)(b)1. s. 1003.21(2)(b).
   21         (d)Absence for treatment of autism spectrum disorder.—A
   22  parent of a public school student may request and be granted
   23  permission for absence of the student from school for a
   24  scheduled appointment to receive a therapy service or other
   25  medical treatment provided by a licensed health care
   26  practitioner for the treatment of autism spectrum disorder
   27  pursuant to ss. 1003.21(2)(b)2. and 1003.24(4).
   28         Section 4. Subsection (8) is added to section 1002.51,
   29  Florida Statutes, to read:
   30         1002.51 Definitions.—As used in this part, the term:
   31         (8) “Public school prekindergarten provider” includes a
   32  charter school that is eligible to deliver the school-year
   33  prekindergarten program under s. 1002.63 or the summer
   34  prekindergarten program under s. 1002.61.
   35         Section 5. Paragraph (b) of subsection (2) of section
   36  1003.21, Florida Statutes, is amended to read:
   37         1003.21 School attendance.—
   38         (2)
   39         (b) Each district school board, in accordance with rules of
   40  the State Board of Education, shall adopt policies authorizing a
   41  policy that authorizes a parent to request and be granted
   42  permission for absence of a student from school for:
   43         1. Religious instruction or religious holidays.
   44         2.A scheduled appointment to receive a therapy service or
   45  other medical treatment provided by a licensed health care
   46  practitioner for the treatment of autism spectrum disorder,
   47  including, but not limited to, applied behavioral analysis,
   48  speech therapy, and occupational therapy.
   49         Section 6. Subsection (4) of section 1003.24, Florida
   50  Statutes, is amended to read:
   51         1003.24 Parents responsible for attendance of children;
   52  attendance policy.—Each parent of a child within the compulsory
   53  attendance age is responsible for the child’s school attendance
   54  as required by law. The absence of a student from school is
   55  prima facie evidence of a violation of this section; however,
   56  criminal prosecution under this chapter may not be brought
   57  against a parent until the provisions of s. 1003.26 have been
   58  complied with. A parent of a student is not responsible for the
   59  student’s nonattendance at school under any of the following
   60  conditions:
   61         (4) SICKNESS, INJURY, OR OTHER INSURMOUNTABLE CONDITION.
   62  Attendance was impracticable or inadvisable on account of
   63  sickness or injury, as attested to by a written statement of a
   64  licensed practicing physician, or a written statement of a
   65  licensed health care practitioner for the treatment of autism
   66  spectrum disorder, or was impracticable because of some other
   67  stated insurmountable condition as defined by rules of the State
   68  Board of Education. If a student is continually sick and
   69  repeatedly absent from school, he or she must be under the
   70  supervision of a physician, or care of a licensed health care
   71  practitioner for the treatment of autism spectrum disorder, in
   72  order to receive an excuse from attendance. Such excuse provides
   73  that a student’s condition justifies absence for more than the
   74  number of days permitted by the district school board.
   75  
   76  Each district school board shall establish an attendance policy
   77  that includes, but is not limited to, the required number of
   78  days each school year that a student must be in attendance and
   79  the number of absences and tardinesses after which a statement
   80  explaining such absences and tardinesses must be on file at the
   81  school. Each school in the district must determine if an absence
   82  or tardiness is excused or unexcused according to criteria
   83  established by the district school board.
   84         Section 7. Subsection (6) is added to section 1003.455,
   85  Florida Statutes, to read:
   86         1003.455 Physical education; assessment.—
   87         (6) In addition to the requirements in subsection (3), each
   88  district school board shall provide at least 100 minutes of
   89  supervised, safe, and unstructured free-play recess each week
   90  for students in kindergarten through grade 5 so that there are
   91  at least 20 consecutive minutes of free-play recess per day.
   92         Section 8. Subsection (3) of section 1003.57, Florida
   93  Statutes, is amended to read:
   94         1003.57 Exceptional students instruction.—
   95         (3)(a) For purposes of this subsection and subsection (4),
   96  the term:
   97         1. “Agency” means the Department of Children and Families
   98  or its contracted lead agency, the Agency for Persons with
   99  Disabilities, and the Agency for Health Care Administration.
  100         2. “Exceptional student” means an exceptional student, as
  101  defined in s. 1003.01, who has a disability.
  102         3. “Receiving school district” means the district in which
  103  a private residential care facility is located.
  104         4. “Placement” means the funding or arrangement of funding
  105  by an agency for all or a part of the cost for an exceptional
  106  student to reside in a private residential care facility and the
  107  placement crosses school district lines.
  108         (b) Within 10 business days after an exceptional student is
  109  placed in a private residential care facility by an agency, the
  110  agency or private residential care facility licensed by the
  111  agency, as appropriate, shall provide written notification of
  112  the placement to the school district where the student is
  113  currently counted for funding purposes under s. 1011.62 and the
  114  receiving school district. The exceptional student shall be
  115  enrolled in school and receive a free and appropriate public
  116  education, special education, and related services while the
  117  notice and procedures regarding payment are pending. This
  118  paragraph applies when the placement is for the primary purpose
  119  of addressing residential or other noneducational needs and the
  120  placement crosses school district lines.
  121         (c) Within 10 business days after receiving the
  122  notification, the receiving school district must review the
  123  student’s individual educational plan (IEP) to determine if the
  124  student’s IEP can be implemented by the receiving school
  125  district or by a provider or facility under contract with the
  126  receiving school district. The receiving school district shall:
  127         1. Provide educational instruction to the student;
  128         2. Contract with another provider or facility to provide
  129  the educational instruction; or
  130         3. Contract with the private residential care facility in
  131  which the student resides to provide the educational
  132  instruction; or
  133         4.Decline to provide or contract for educational
  134  instruction.
  135  
  136  If the receiving school district declines to provide or contract
  137  for the educational instruction, the school district in which
  138  the legal residence of the student is located shall provide or
  139  contract for the educational instruction to the student. The
  140  receiving school district providing that provides educational
  141  instruction or contracting contracts to provide educational
  142  instruction shall report the student for funding purposes
  143  pursuant to s. 1011.62.
  144         (d)1. The Department of Education, in consultation with the
  145  agencies and school districts, shall develop procedures for
  146  written notification to school districts regarding the placement
  147  of an exceptional student in a residential care facility. The
  148  procedures must:
  149         a. Provide for written notification of a placement that
  150  crosses school district lines; and
  151         b. Identify the entity responsible for the notification for
  152  each facility that is operated, licensed, or regulated by an
  153  agency.
  154         2. The State Board of Education shall adopt the procedures
  155  by rule pursuant to ss. 120.536(1) and 120.54, and the agencies
  156  shall implement the procedures.
  157  
  158  The requirements of paragraphs (c) and (d) do not apply to
  159  written agreements among school districts which specify each
  160  school district’s responsibility for providing and paying for
  161  educational services to an exceptional student in a residential
  162  care facility. However, each agreement must require a school
  163  district to review the student’s IEP within 10 business days
  164  after receiving the notification required under paragraph (b).
  165         Section 9. Paragraphs (l) through (o) of subsection (1) of
  166  section 1011.62, Florida Statutes, are amended to read:
  167         1011.62 Funds for operation of schools.—If the annual
  168  allocation from the Florida Education Finance Program to each
  169  district for operation of schools is not determined in the
  170  annual appropriations act or the substantive bill implementing
  171  the annual appropriations act, it shall be determined as
  172  follows:
  173         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  174  OPERATION.—The following procedure shall be followed in
  175  determining the annual allocation to each district for
  176  operation:
  177         (l) Calculation of additional full-time equivalent
  178  membership based on International Baccalaureate examination
  179  scores of students.—A value of 0.16 full-time equivalent student
  180  membership shall be calculated for each student enrolled in an
  181  International Baccalaureate course who receives a score of 4 or
  182  higher on a subject examination. A value of 0.3 full-time
  183  equivalent student membership shall be calculated for each
  184  student who receives an International Baccalaureate diploma.
  185  Such value shall be added to the total full-time equivalent
  186  student membership in basic programs for grades 9 through 12 in
  187  the subsequent fiscal year. Each school district shall allocate
  188  80 percent of the funds received from International
  189  Baccalaureate bonus FTE funding to the school program whose
  190  students generate the funds and to school programs that prepare
  191  prospective students to enroll in International Baccalaureate
  192  courses. Funds shall be expended solely for the payment of
  193  allowable costs associated with the International Baccalaureate
  194  program. Allowable costs include International Baccalaureate
  195  annual school fees; International Baccalaureate examination
  196  fees; salary, benefits, and bonuses for teachers and program
  197  coordinators for the International Baccalaureate program and
  198  teachers and coordinators who prepare prospective students for
  199  the International Baccalaureate program; supplemental books;
  200  instructional supplies; instructional equipment or instructional
  201  materials for International Baccalaureate courses; other
  202  activities that identify prospective International Baccalaureate
  203  students or prepare prospective students to enroll in
  204  International Baccalaureate courses; and training or
  205  professional development for International Baccalaureate
  206  teachers. School districts shall allocate the remaining 20
  207  percent of the funds received from International Baccalaureate
  208  bonus FTE funding for programs that assist academically
  209  disadvantaged students to prepare for more rigorous courses. The
  210  school district shall distribute to each classroom teacher who
  211  provided International Baccalaureate instruction:
  212         1. A bonus in the amount of $50 for each student taught by
  213  the International Baccalaureate teacher in each International
  214  Baccalaureate course who receives a score of 4 or higher on the
  215  International Baccalaureate examination.
  216         2. An additional bonus of $500 to each International
  217  Baccalaureate teacher in a school designated with a grade of “D”
  218  or “F” who has at least one student scoring 4 or higher on the
  219  International Baccalaureate examination, regardless of the
  220  number of classes taught or of the number of students scoring a
  221  4 or higher on the International Baccalaureate examination.
  222  
  223  Bonuses awarded to a teacher according to this paragraph shall
  224  be provided may not exceed $2,000 in any given school year.
  225  However, the maximum bonus shall be $3,000 if at least 50
  226  percent of the students enrolled in a teacher’s course earn a
  227  score of 4 or higher on the examination in a school designated
  228  with a grade of “A,” “B,” or “C”; or if at least 25 percent of
  229  the students enrolled in the a teacher’s course earn a score of
  230  4 or higher on the examination. in a school designated with a
  231  grade of “D” or “F.” Bonuses awarded under this paragraph shall
  232  be in addition to any regular wage or other bonus the teacher
  233  received or is scheduled to receive. For such courses, the
  234  teacher shall earn an additional bonus of $50 for each student
  235  who has a qualifying score up to the maximum of $3,000 in any
  236  given school year.
  237         (m) Calculation of additional full-time equivalent
  238  membership based on Advanced International Certificate of
  239  Education examination scores of students.—A value of 0.16 full
  240  time equivalent student membership shall be calculated for each
  241  student enrolled in a full-credit Advanced International
  242  Certificate of Education course who receives a score of E or
  243  higher on a subject examination. A value of 0.08 full-time
  244  equivalent student membership shall be calculated for each
  245  student enrolled in a half-credit Advanced International
  246  Certificate of Education course who receives a score of E or
  247  higher on a subject examination. A value of 0.3 full-time
  248  equivalent student membership shall be calculated for each
  249  student who receives an Advanced International Certificate of
  250  Education diploma. Such value shall be added to the total full
  251  time equivalent student membership in basic programs for grades
  252  9 through 12 in the subsequent fiscal year. Each school district
  253  shall allocate at least 80 percent of the funds received from
  254  the Advanced International Certificate of Education bonus FTE
  255  funding, in accordance with this paragraph, to the school
  256  program that generated the funds. The school district shall
  257  distribute to each classroom teacher who provided Advanced
  258  International Certificate of Education instruction:
  259         1. A bonus in the amount of $50 for each student taught by
  260  the Advanced International Certificate of Education teacher in
  261  each full-credit Advanced International Certificate of Education
  262  course who receives a score of E or higher on the Advanced
  263  International Certificate of Education examination. A bonus in
  264  the amount of $25 for each student taught by the Advanced
  265  International Certificate of Education teacher in each half
  266  credit Advanced International Certificate of Education course
  267  who receives a score of E or higher on the Advanced
  268  International Certificate of Education examination.
  269         2. An additional bonus of $500 to each Advanced
  270  International Certificate of Education teacher in a school
  271  designated with a grade of “D” or “F” who has at least one
  272  student scoring E or higher on the full-credit Advanced
  273  International Certificate of Education examination, regardless
  274  of the number of classes taught or of the number of students
  275  scoring an E or higher on the full-credit Advanced International
  276  Certificate of Education examination.
  277         3. Additional bonuses of $250 each to teachers of half
  278  credit Advanced International Certificate of Education classes
  279  in a school designated with a grade of “D” or “F” which has at
  280  least one student scoring an E or higher on the half-credit
  281  Advanced International Certificate of Education examination in
  282  that class. The maximum additional bonus for a teacher awarded
  283  in accordance with this subparagraph shall not exceed $500 in
  284  any given school year. Teachers receiving an award under
  285  subparagraph 2. are not eligible for a bonus under this
  286  subparagraph.
  287  
  288  Bonuses awarded to a teacher according to this paragraph shall
  289  be provided if at least 25 percent of the students enrolled in
  290  the teacher’s course earn a score of E or higher on the
  291  examination. Bonuses awarded under this paragraph are not exceed
  292  $2,000 in any given school year and shall be in addition to any
  293  regular wage or other bonus the teacher received or is scheduled
  294  to receive.
  295         (n) Calculation of additional full-time equivalent
  296  membership based on college board advanced placement scores of
  297  students.—A value of 0.16 full-time equivalent student
  298  membership shall be calculated for each student in each advanced
  299  placement course who receives a score of 3 or higher on the
  300  College Board Advanced Placement Examination for the prior year
  301  and added to the total full-time equivalent student membership
  302  in basic programs for grades 9 through 12 in the subsequent
  303  fiscal year. Each district must allocate at least 80 percent of
  304  the funds provided to the district for advanced placement
  305  instruction, in accordance with this paragraph, to the high
  306  school that generates the funds. The school district shall
  307  distribute to each classroom teacher who provided advanced
  308  placement instruction:
  309         1. A bonus in the amount of $50 for each student taught by
  310  the Advanced Placement teacher in each advanced placement course
  311  who receives a score of 3 or higher on the College Board
  312  Advanced Placement Examination.
  313         2. An additional bonus of $500 to each Advanced Placement
  314  teacher in a school designated with a grade of “D” or “F” who
  315  has at least one student scoring 3 or higher on the College
  316  Board Advanced Placement Examination, regardless of the number
  317  of classes taught or of the number of students scoring a 3 or
  318  higher on the College Board Advanced Placement Examination.
  319  
  320  Bonuses awarded to a teacher according to this paragraph shall
  321  be provided not exceed $2,000 in any given school year. However,
  322  the maximum bonus shall be $3,000 if at least 50 percent of the
  323  students enrolled in a teacher’s course earn a score of 3 or
  324  higher on the examination in a school with a grade of “A,” “B,”
  325  or “C” or if at least 25 percent of the students enrolled in the
  326  a teacher’s course earn a score of 3 or higher on the
  327  examination. in a school with a grade of “D” or “F.” Bonuses
  328  awarded under this paragraph shall be in addition to any regular
  329  wage or other bonus the teacher received or is scheduled to
  330  receive. For such courses, the teacher shall earn an additional
  331  bonus of $50 for each student who has a qualifying score up to
  332  the maximum of $3,000 in any given school year.
  333         (o) Calculation of additional full-time equivalent
  334  membership based on successful completion of a career-themed
  335  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  336  courses with embedded CAPE industry certifications or CAPE
  337  Digital Tool certificates, and issuance of industry
  338  certification identified on the CAPE Industry Certification
  339  Funding List pursuant to rules adopted by the State Board of
  340  Education or CAPE Digital Tool certificates pursuant to s.
  341  1003.4203.—
  342         1.a. A value of 0.025 full-time equivalent student
  343  membership shall be calculated for CAPE Digital Tool
  344  certificates earned by students in elementary and middle school
  345  grades.
  346         b. A value of 0.1 or 0.2 full-time equivalent student
  347  membership shall be calculated for each student who completes a
  348  course as defined in s. 1003.493(1)(b) or courses with embedded
  349  CAPE industry certifications and who is issued an industry
  350  certification identified annually on the CAPE Industry
  351  Certification Funding List approved under rules adopted by the
  352  State Board of Education. A value of 0.2 full-time equivalent
  353  membership shall be calculated for each student who is issued a
  354  CAPE industry certification that has a statewide articulation
  355  agreement for college credit approved by the State Board of
  356  Education. For CAPE industry certifications that do not
  357  articulate for college credit, the Department of Education shall
  358  assign a full-time equivalent value of 0.1 for each
  359  certification. Middle grades students who earn additional FTE
  360  membership for a CAPE Digital Tool certificate pursuant to sub
  361  subparagraph a. may not use the previously funded examination to
  362  satisfy the requirements for earning an industry certification
  363  under this sub-subparagraph. Additional FTE membership for an
  364  elementary or middle grades student may not exceed 0.1 for
  365  certificates or certifications earned within the same fiscal
  366  year. The State Board of Education shall include the assigned
  367  values on the CAPE Industry Certification Funding List under
  368  rules adopted by the state board. Such value shall be added to
  369  the total full-time equivalent student membership for grades 6
  370  through 12 in the subsequent year. CAPE industry certifications
  371  earned through dual enrollment must be reported and funded
  372  pursuant to s. 1011.80. However, if a student earns a
  373  certification through a dual enrollment course and the
  374  certification is not a fundable certification on the
  375  postsecondary certification funding list, or the dual enrollment
  376  certification is earned as a result of an agreement between a
  377  school district and a nonpublic postsecondary institution, the
  378  bonus value shall be funded in the same manner as other nondual
  379  enrollment course industry certifications. In such cases, the
  380  school district may provide for an agreement between the high
  381  school and the technical center, or the school district and the
  382  postsecondary institution may enter into an agreement for
  383  equitable distribution of the bonus funds.
  384         c. A value of 0.3 full-time equivalent student membership
  385  shall be calculated for student completion of the courses and
  386  the embedded certifications identified on the CAPE Industry
  387  Certification Funding List and approved by the commissioner
  388  pursuant to ss. 1003.4203(5)(a) and 1008.44.
  389         d. A value of 0.5 full-time equivalent student membership
  390  shall be calculated for CAPE Acceleration Industry
  391  Certifications that articulate for 15 to 29 college credit
  392  hours, and 1.0 full-time equivalent student membership shall be
  393  calculated for CAPE Acceleration Industry Certifications that
  394  articulate for 30 or more college credit hours pursuant to CAPE
  395  Acceleration Industry Certifications approved by the
  396  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
  397         2. Each district must allocate at least 80 percent of the
  398  funds provided for CAPE industry certification, in accordance
  399  with this paragraph, to the program that generated the funds.
  400  This allocation may not be used to supplant funds provided for
  401  basic operation of the program.
  402         3. For CAPE industry certifications earned in the 2013-2014
  403  school year and in subsequent years, the school district shall
  404  distribute to each classroom teacher who provided direct
  405  instruction toward the attainment of a CAPE industry
  406  certification that qualified for additional full-time equivalent
  407  membership under subparagraph 1.:
  408         a. A bonus of $25 for each student taught by a teacher who
  409  provided instruction in a course that led to the attainment of a
  410  CAPE industry certification on the CAPE Industry Certification
  411  Funding List with a weight of 0.1.
  412         b. A bonus of $50 for each student taught by a teacher who
  413  provided instruction in a course that led to the attainment of a
  414  CAPE industry certification on the CAPE Industry Certification
  415  Funding List with a weight of 0.2.
  416         c. A bonus of $75 for each student taught by a teacher who
  417  provided instruction in a course that led to the attainment of a
  418  CAPE industry certification on the CAPE Industry Certification
  419  Funding List with a weight of 0.3.
  420         d. A bonus of $100 for each student taught by a teacher who
  421  provided instruction in a course that led to the attainment of a
  422  CAPE industry certification on the CAPE Industry Certification
  423  Funding List with a weight of 0.5 or 1.0.
  424  
  425  Bonuses awarded pursuant to this paragraph shall be provided to
  426  teachers who are employed by the district in the year in which
  427  the additional FTE membership calculation is included in the
  428  calculation. Bonuses shall be calculated based upon the
  429  associated weight of a CAPE industry certification on the CAPE
  430  Industry Certification Funding List for the year in which the
  431  certification is earned by the student. Any bonus awarded to a
  432  teacher under this paragraph may not exceed $3,000 in any given
  433  school year and is in addition to any regular wage or other
  434  bonus the teacher received or is scheduled to receive.
  435  
  436  ================= T I T L E  A M E N D M E N T ================
  437  And the title is amended as follows:
  438         Delete line 16
  439  and insert:
  440         restrictions; amending s. 1002.20, F.S.; authorizing a
  441         parent to request and be granted permission for a
  442         student’s absence from school for treatment of autism
  443         spectrum disorder by a licensed health care
  444         practitioner; amending s. 1002.51, F.S.; defining the
  445         term “public school prekindergarten provider”;
  446         amending s. 1003.21, F.S.; requiring each district
  447         school board to adopt an attendance policy authorizing
  448         a student’s absence for treatment of autism spectrum
  449         disorder; amending s. 1003.24, F.S.; revising an
  450         exemption relating to parental responsibility for
  451         nonattendance of a student to include treatment for
  452         autism spectrum disorder; amending s. 1003.455, F.S.;
  453         requiring each district school board to provide
  454         students in certain grades with a minimum number of
  455         minutes of free-play recess per week and with a
  456         minimum number of consecutive minutes of free-play
  457         recess per day; amending s. 1003.57, F.S.; prohibiting
  458         certain school districts from declining to provide or
  459         contract for certain students’ educational
  460         instruction; providing for funding of such students;
  461         amending s. 1011.62, F.S.; deleting provisions
  462         relating to caps imposed on the amounts of bonuses
  463         awarded to teachers based on student performance on
  464         certain course examinations or student completion of
  465         certain courses; requiring that a specified amount of
  466         funds generated by a certain bonus be allocated to the
  467         school program that generated the funds; authorizing a
  468         maximum bonus of $3,000 for Advanced International
  469         Certificate of Education teachers under certain
  470         circumstances; authorizing additional bonuses, up to a
  471         maximum of $3,000, under certain circumstances;
  472         amending s. 1003.4156, F.S.; revising