Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1434
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Education (Passidomo) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (2), paragraph (a) of
    6  subsection (4), paragraphs (b), (g), and (i) of subsection (5),
    7  paragraph (a) of subsection (7), subsection (9), and paragraph
    8  (b) of subsection (10) of section 1002.333, Florida Statutes,
    9  are amended to read:
   10         1002.333 Persistently low-performing schools.—
   11         (1) DEFINITIONS.—As used in this section, the term:
   12         (a) “Hope operator” means an entity identified by the
   13  department pursuant to subsection (2).
   14         (b) “Persistently low-performing school” means a school
   15  that has completed 2 school years of a district-managed
   16  turnaround plan required under s. 1008.33(4)(a) and has not
   17  improved its school grade to a “C” or higher, earned three
   18  consecutive grades lower than a “C,” pursuant to s. 1008.34, and
   19  a school that was closed pursuant to s. 1008.33(4) within 2
   20  years after the submission of a notice of intent.
   21         (c) “School of hope” means:
   22         1. A charter school operated by a hope operator which
   23  serves students from one or more persistently low-performing
   24  schools; is located in the attendance zone of a persistently
   25  low-performing school or within a 5-mile radius of such school,
   26  whichever is greater; and is a Title I eligible school; or
   27         2. A school operated by a hope operator pursuant to s.
   28  1008.33(4)(b)3.b. s. 1008.33(4)(b)3.
   29         (2) HOPE OPERATOR.—A hope operator is a nonprofit
   30  organization with tax exempt status under s. 501(c)(3) of the
   31  Internal Revenue Code which that operates three or more charter
   32  schools that serve students in grades K-12 in Florida or other
   33  states with a record of serving students from low-income
   34  families and is designated by the State Board of Education as a
   35  hope operator based on a determination that:
   36         (a) The past performance of the hope operator meets or
   37  exceeds the following criteria:
   38         1. The achievement of enrolled students exceeds the
   39  district and state averages of the states in which the
   40  operator’s schools operate;
   41         2. The average college attendance rate at all schools
   42  currently operated by the operator exceeds 80 percent, if such
   43  data is available;
   44         3. The percentage of students eligible for a free or
   45  reduced price lunch under the National School Lunch Act enrolled
   46  at all schools currently operated by the operator exceeds 70
   47  percent;
   48         4. The operator is in good standing with the authorizer in
   49  each state in which it operates;
   50         5. The audited financial statements of the operator are
   51  free of material misstatements and going concern issues; and
   52         6. Other outcome measures as determined by the State Board
   53  of Education;
   54         (b) The operator was awarded a United States Department of
   55  Education Charter School Program Grant for Replication and
   56  Expansion of High-Quality Charter Schools within the preceding 3
   57  years before applying to be a hope operator;
   58         (c) The operator receives funding through the National Fund
   59  of the Charter School Growth Fund to accelerate the growth of
   60  the nation’s best charter schools; or
   61         (d) The operator is selected by a district school board in
   62  accordance with s. 1008.33.
   64  An entity that meets the requirements of paragraph (b),
   65  paragraph (c), or paragraph (d) before the adoption by the state
   66  board of measurable criteria pursuant to paragraph (a) shall be
   67  designated as a hope operator. After the adoption of the
   68  measurable criteria, an entity, including a governing board that
   69  operates a school established pursuant to s. 1008.33(4)(b)3.b.
   70  s. 1008.33(4)(b)3., shall be designated as a hope operator if it
   71  meets the criteria of paragraph (a).
   72         (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
   73  seeking to open a school of hope must submit a notice of intent
   74  to the school district in which a persistently low-performing
   75  school has been identified by the State Board of Education
   76  pursuant to subsection (10).
   77         (a) The notice of intent must include all of the following:
   78         1. An academic focus and plan.
   79         2. A financial plan.
   80         3. Goals and objectives for increasing student achievement
   81  for the students from low-income families.
   82         4. A completed or planned community outreach plan.
   83         5. The organizational history of success in working with
   84  students with similar demographics.
   85         6. The grade levels to be served and enrollment
   86  projections.
   87         7. The specific proposed location or geographic area
   88  proposed for the school and its proximity to the persistently
   89  low-performing school or the plan to use the district-owned
   90  facilities of the persistently low-performing school.
   91         8. A staffing plan.
   92         9. An operations plan specifying the operator’s intent to
   93  undertake the operations of the persistently low-performing
   94  school in its entirety or through limited components of the
   95  operations.
   96         (5) PERFORMANCE-BASED AGREEMENT.—The following shall
   97  comprise the entirety of the performance-based agreement:
   98         (b) The location or geographic area proposed for the school
   99  of hope and its proximity to the persistently low-performing
  100  school.
  101         (f)(g) The grounds for termination, including failure to
  102  meet the requirements for student performance established
  103  pursuant to paragraph (d) (e), generally accepted standards of
  104  fiscal management, or material violation of terms of the
  105  agreement. The nonrenewal or termination of a performance-based
  106  agreement must comply with the requirements of s. 1002.33(8).
  107         (h)(i) A provision establishing the initial term as 5
  108  years. The agreement must shall be renewed, upon the request of
  109  the hope operator, unless the school fails to meet the
  110  requirements for student performance established pursuant to
  111  paragraph (d) (e) or generally accepted standards of fiscal
  112  management or the school of hope materially violates the law or
  113  the terms of the agreement.
  114         (7) FACILITIES.—
  115         (a)1. A school of hope that meets the definition under
  116  subparagraph (1)(c)1. shall use facilities that comply with the
  117  Florida Building Code, except for the State Requirements for
  118  Educational Facilities. A school of hope that uses school
  119  district facilities must comply with the State Requirements for
  120  Educational Facilities only if the school district and the hope
  121  operator have entered into a mutual management plan for the
  122  reasonable maintenance of such facilities. The mutual management
  123  plan shall contain a provision by which the district school
  124  board agrees to maintain the school facilities in the same
  125  manner as its other public schools within the district.
  126         2.A school of hope that meets the definition under
  127  subparagraph (1)(c)2. and that receives funds from the hope
  128  supplemental services allocation under s. 1011.62(16) shall use
  129  the district-owned facilities of the persistently low-performing
  130  school that the school of hope operates. A school of hope that
  131  uses district-owned facilities must comply with the State
  132  Requirements for Educational Facilities only if the school
  133  district and the hope operator have entered into a mutual
  134  management plan for the reasonable maintenance of the
  135  facilities. The mutual management plan must contain a provision
  136  specifying that the district school board agrees to maintain the
  137  school facilities in the same manner as other public schools
  138  within the district.
  140  The local governing authority shall not adopt or impose any
  141  local building requirements or site-development restrictions,
  142  such as parking and site-size criteria, student enrollment, and
  143  occupant load, that are addressed by and more stringent than
  144  those found in the State Requirements for Educational Facilities
  145  of the Florida Building Code. A local governing authority must
  146  treat schools of hope equitably in comparison to similar
  147  requirements, restrictions, and site planning processes imposed
  148  upon public schools. The agency having jurisdiction for
  149  inspection of a facility and issuance of a certificate of
  150  occupancy or use shall be the local municipality or, if in an
  151  unincorporated area, the county governing authority. If an
  152  official or employee of the local governing authority refuses to
  153  comply with this paragraph, the aggrieved school or entity has
  154  an immediate right to bring an action in circuit court to
  155  enforce its rights by injunction. An aggrieved party that
  156  receives injunctive relief may be awarded reasonable attorney
  157  fees and court costs.
  158         (9) FUNDING.—
  159         (a) Schools of hope shall be funded in accordance with s.
  160  1002.33(17).
  161         (b) Schools of hope shall receive priority in the
  162  department’s Public Charter School Grant Program competitions.
  163         (c) Schools of hope shall be considered charter schools for
  164  purposes of s. 1013.62, except charter capital outlay may not be
  165  used to purchase real property or for the construction of school
  166  facilities.
  167         (d) Schools of hope that meet the definition under s.
  168  subparagraph (1)(c)1. are eligible to receive funds from the
  169  Schools of Hope Program.
  170         (e) Schools of hope that meet the definition under
  171  subparagraph (1)(c)2. are eligible to receive funds from the
  172  hope supplemental services allocation established under s.
  173  1011.62(16).
  174         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
  175  is created within the Department of Education.
  176         (b) A traditional public school that is required to submit
  177  a plan for implementation pursuant to s. 1008.33(4) is eligible
  178  to receive funding for services authorized up to $2,000 per
  179  full-time equivalent student from the hope supplemental services
  180  allocation established under s. 1011.62(16) Schools of Hope
  181  Program based upon the strength of the school’s plan for
  182  implementation and its focus on evidence-based interventions
  183  that lead to student success by providing wrap-around services
  184  that leverage community assets, improve school and community
  185  collaboration, and develop family and community partnerships.
  186  Wrap-around services include, but are not limited to, tutorial
  187  and after-school programs, student counseling, nutrition
  188  education, parental counseling, and adult education. Plans for
  189  implementation may also include models that develop a culture of
  190  attending college, high academic expectations, character
  191  development, dress codes, and an extended school day and school
  192  year. At a minimum, a plan for implementation must:
  193         1. Establish wrap-around services that develop family and
  194  community partnerships.
  195         2. Establish clearly defined and measurable high academic
  196  and character standards.
  197         3. Increase parental involvement and engagement in the
  198  child’s education.
  199         4. Describe how the school district will identify, recruit,
  200  retain, and reward instructional personnel. The state board may
  201  waive the requirements of s. 1012.22(1)(c)5., and suspend the
  202  requirements of s. 1012.34, to facilitate implementation of the
  203  plan.
  204         5. Identify a knowledge-rich curriculum that the school
  205  will use that focuses on developing a student’s background
  206  knowledge.
  207         6. Provide professional development that focuses on
  208  academic rigor, direct instruction, and creating high academic
  209  and character standards.
  210         Section 2. Section 1002.334, Florida Statutes, is created
  211  to read:
  212         1002.334 Franchise model schools.—
  213         (1) As used in this section, the term “franchise model
  214  school” means a persistently low-performing school, as defined
  215  in s. 1002.333(1)(b), which is led by a highly effective
  216  principal in addition to the principal’s currently assigned
  217  school. If a franchise model school achieves a grade of “C” or
  218  higher, the school may retain its status as a franchise model
  219  school at the discretion of the school district.
  220         (2) A school district that has one or more persistently
  221  low-performing schools may use a franchise model school as a
  222  school turnaround option pursuant to s. 1008.33(4)(b)4.
  223         (3) A franchise model school principal:
  224         (a) Must be rated as highly effective pursuant to s.
  225  1012.34;
  226         (b) May lead two or more schools, including a persistently
  227  low-performing school or a school that was considered a
  228  persistently low-performing school before becoming a franchise
  229  model school;
  230         (c) May allocate resources and personnel between the
  231  schools under his or her administration; however, he or she must
  232  expend hope supplemental services allocation funds, authorized
  233  under s. 1011.62(16), at the franchise model school; and
  234         (d) Is eligible to receive a Best and Brightest Principal
  235  award under s. 1012.732.
  236         Section 3. Subsection (3) of section 1002.395, Florida
  237  Statutes, is amended to read:
  238         1002.395 Florida Tax Credit Scholarship Program.—
  240         (a) The Florida Tax Credit Scholarship Program is
  241  established.
  242         (b) A student is eligible for a Florida tax credit
  243  scholarship under this section if the student meets one or more
  244  of the following criteria:
  245         1. The student is on the direct certification list or the
  246  student’s household income level does not exceed 185 percent of
  247  the federal poverty level; or
  248         2. The student is currently placed, or during the previous
  249  state fiscal year was placed, in foster care or in out-of-home
  250  care as defined in s. 39.01. A student who initially receives a
  251  scholarship based on eligibility under this subparagraph remains
  252  eligible to participate until the student graduates from high
  253  school or attains 21 years of age, whichever occurs first,
  254  regardless of the student’s household income level.
  255         3. The student’s household income level is greater than 185
  256  percent of the federal poverty level but does not exceed 260
  257  percent of the federal poverty level.
  258         4. The student currently attends, or attended in the
  259  previous academic year, a persistently low-performing school, as
  260  defined in s. 1002.333(1)(b). A student who initially receives a
  261  scholarship under this subparagraph remains eligible to
  262  participate as long as his or her zoned school retains its
  263  status as a persistently low-performing school.
  265  A student who is eligible for a Florida tax credit scholarship
  266  under subparagraphs (b)1.-3. shall be given priority for a
  267  scholarship over a student who is eligible under subparagraph
  268  (b)4. A student who initially receives a scholarship based on
  269  eligibility under subparagraph (b)2. remains eligible to
  270  participate until the student graduates from high school or
  271  attains the age of 21 years, whichever occurs first, regardless
  272  of the student’s household income level. A sibling of a student
  273  who is participating in the scholarship program under this
  274  subsection is eligible for a scholarship if the student resides
  275  in the same household as the sibling.
  276         Section 4. Section 1007.273, Florida Statutes, is amended
  277  to read:
  278         1007.273 Structured high school acceleration programs
  279  Collegiate high school program.—
  280         (1) Each Florida College System institution shall work with
  281  each district school board in its designated service area to
  282  establish one or more structured programs, including, but not
  283  limited to, collegiate high school programs. As used in this
  284  section, the term “structured program” means a structured high
  285  school acceleration program.
  286         (1)(2)PURPOSE.—At a minimum, structured collegiate high
  287  school programs must include an option for public school
  288  students in grade 11 or grade 12 participating in the structured
  289  program, for at least 1 full school year, to earn CAPE industry
  290  certifications pursuant to s. 1008.44, and to successfully
  291  complete at least 30 credit hours through the dual enrollment
  292  program under s. 1007.271. The structured program must
  293  prioritize dual enrollment courses that are applicable toward
  294  general education core courses or common prerequisite course
  295  requirements under s. 1007.25 over dual enrollment courses
  296  applicable as electives toward at least the first year of
  297  college for an associate degree or baccalaureate degree while
  298  enrolled in the structured program. A district school board may
  299  not limit the number of eligible public school students who may
  300  enroll in such structured programs.
  302         (a) Each district school board and its local Florida
  303  College System institution shall execute a contract to establish
  304  one or more structured collegiate high school programs at a
  305  mutually agreed upon location or locations. Beginning with the
  306  2015-2016 school year, If the local Florida College System
  307  institution does not establish a structured program with a
  308  district school board in its designated service area, another
  309  Florida College System institution may execute a contract with
  310  that district school board to establish the structured program.
  311  The contract must be executed by January 1 of each school year
  312  for implementation of the structured program during the next
  313  school year. By August 1, 2018, a contract entered into before
  314  January 1, 2018 for the 2018-2019 school year must be modified
  315  to include the provisions of paragraph (b).
  316         (b) The contract must:
  317         1.(a) Identify the grade levels to be included in the
  318  structured collegiate high school program; which must, at a
  319  minimum, include grade 12.
  320         2.(b) Describe the structured collegiate high school
  321  program, including a list of the meta-major academic pathways
  322  approved pursuant to s. 1008.30(4), which are available to
  323  participating students through the partner Florida College
  324  System institution or other eligible partner postsecondary
  325  institutions; the delineation of courses that must, at a
  326  minimum, include general education core courses and common
  327  prerequisite course requirements pursuant to s. 1007.25; and
  328  industry certifications offered, including online course
  329  availability; the high school and college credits earned for
  330  each postsecondary course completed and industry certification
  331  earned; student eligibility criteria; and the enrollment process
  332  and relevant deadlines;.
  333         3.(c) Describe the methods, medium, and process by which
  334  students and their parents are annually informed about the
  335  availability of the structured collegiate high school program,
  336  the return on investment associated with participation in the
  337  structured program, and the information described in
  338  subparagraphs 1. and 2.; paragraphs (a) and (b).
  339         4.(d) Identify the delivery methods for instruction and the
  340  instructors for all courses;.
  341         5.(e) Identify student advising services and progress
  342  monitoring mechanisms;.
  343         6.(f) Establish a program review and reporting mechanism
  344  regarding student performance outcomes; and.
  345         7.(g) Describe the terms of funding arrangements to
  346  implement the structured collegiate high school program pursuant
  347  to paragraph (5)(a).
  349         (a)(4) Each student participating in a structured
  350  collegiate high school program must enter into a student
  351  performance contract which must be signed by the student, the
  352  parent, and a representative of the school district and the
  353  applicable Florida College System institution, state university,
  354  or other institution participating pursuant to subsection (4)
  355  (5). The performance contract must, at a minimum, specify
  356  include the schedule of courses, by semester, and industry
  357  certifications to be taken by the student, if any; student
  358  attendance requirements;, and course grade requirements; and the
  359  applicability of such courses to an associate degree or a
  360  baccalaureate degree.
  361         (b) By September 1 of each school year, each district
  362  school board must notify each student enrolled in grades 9, 10,
  363  11, and 12 in a public school within the school district about
  364  the structured program, including, but not limited to:
  365         1. The method for earning college credit through
  366  participation in the structured program. The notification must
  367  include website links to the dual enrollment course equivalency
  368  list approved by the State Board of Education; the common degree
  369  program prerequisite requirements published by the Articulation
  370  Coordinating Committee pursuant to s. 1007.01(3)(f); the
  371  industry certification articulation agreements adopted by the
  372  State Board of Education in rule; and the approved meta-major
  373  academic pathways of the partner Florida College System
  374  institution and other eligible partner postsecondary
  375  institutions participating pursuant to subsection (4); and
  376         2. The estimated cost savings to students and their
  377  families resulting from students successfully completing 30
  378  credit hours applicable toward general education core courses or
  379  common prerequisite course requirements before graduating from
  380  high school versus the cost of earning such credit hours after
  381  graduating from high school.
  383  to executing a contract with the local Florida College System
  384  institution under this section, a district school board may
  385  execute a contract to establish a structured collegiate high
  386  school program with a state university or an institution that is
  387  eligible to participate in the William L. Boyd, IV, Florida
  388  Resident Access Grant Program, that is a nonprofit independent
  389  college or university located and chartered in this state, and
  390  that is accredited by the Commission on Colleges of the Southern
  391  Association of Colleges and Schools to grant baccalaureate
  392  degrees. Such university or institution must meet the
  393  requirements specified under subsections (2) (3) and (3) (4). A
  394  charter school may execute a contract directly with the local
  395  Florida College System institution or another institution as
  396  authorized under this section to establish a structured program
  397  at a mutually agreed upon location.
  398         (5) FUNDING.—
  399         (a)(6) The structured collegiate high school program shall
  400  be funded pursuant to ss. 1007.271 and 1011.62. The State Board
  401  of Education shall enforce compliance with this section by
  402  withholding the transfer of funds for the school districts and
  403  the Florida College System institutions in accordance with s.
  404  1008.32. Annually, by December 31, the State Board of Education
  405  shall enforce compliance with this section by withholding the
  406  transfer of funds for the Florida College System institutions in
  407  accordance with s. 1001.602.
  408         (b) A student who enrolls in the structured program and
  409  successfully completes at least 30 college credit hours during a
  410  school year through the dual enrollment program under s.
  411  1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
  412  student who enrolls in the structured program and successfully
  413  completes an additional 30 college credit hours during a school
  414  year, resulting in at least 60 college credit hours through the
  415  dual enrollment program under s. 1007.271 applicable toward
  416  fulfilling the requirements for an associate in arts degree or
  417  an associate in science degree or a baccalaureate degree
  418  pursuant to the student performance contract under subsection
  419  (3), before graduating from high school, generates an additional
  420  0.5 FTE bonus. Each district school board that is a contractual
  421  partner with a Florida College System institution or other
  422  eligible postsecondary institution shall report to the
  423  commissioner the total FTE bonus for each structured program for
  424  the students from that school district. The total FTE bonus
  425  shall be added to each school district’s total weighted FTE for
  426  funding in the subsequent fiscal year.
  427         (c) For any industry certification a student attains under
  428  this section, the FTE bonus shall be calculated and awarded in
  429  accordance with s. 1011.62(1)(o).
  430         (6) REPORTING REQUIREMENTS.—
  431         (a) By September 1 of each school year, each district
  432  school superintendent shall report to the commissioner, at a
  433  minimum, the following information on each structured program
  434  administered during the prior school year:
  435         1. The number of students in public schools within the
  436  school district who enrolled in the structured program, and the
  437  partnering postsecondary institutions pursuant to subsections
  438  (2) and (4);
  439         2. The total and average number of dual enrollment courses
  440  completed, high school and college credits earned, standard high
  441  school diplomas and associate and baccalaureate degrees awarded,
  442  and the number of industry certifications attained, if any, by
  443  the students who enrolled in the structured program;
  444         3. The projected student enrollment in the structured
  445  program during the next school year; and
  446         4. Any barriers to executing contracts to establish one or
  447  more structured programs.
  448         (b) By November 30 of each school year, the commissioner
  449  must report to the Governor, the President of the Senate, and
  450  the Speaker of the House of Representatives the status of
  451  structured programs, including, at a minimum, a summary of
  452  student enrollment and completion information pursuant to this
  453  subsection; barriers, if any, to establishing such programs; and
  454  recommendations for expanding access to such programs statewide.
  455         Section 5. Paragraph (c) of subsection (3) and subsection
  456  (4) of section 1008.33, Florida Statutes, are amended to read:
  457         1008.33 Authority to enforce public school improvement.—
  458         (3)
  459         (c) The state board shall adopt by rule a differentiated
  460  matrix of intervention and support strategies for assisting
  461  traditional public schools identified under this section and
  462  rules for implementing s. 1002.33(9)(n), relating to charter
  463  schools.
  464         1. The intervention and support strategies must address
  465  efforts to improve student performance through one or more of
  466  the following strategies: and may include
  467         a. Improvement planning;
  468         b. Leadership quality improvement;
  469         c. Educator quality improvement;
  470         d. Professional development;
  471         e. Curriculum review, pacing, and alignment across grade
  472  levels to improve background knowledge in social studies,
  473  science, and the arts; and
  474         f. The use of continuous improvement and monitoring plans
  475  and processes.
  476         2.In addition, The state board may prescribe reporting
  477  requirements to review and monitor the progress of the schools.
  478  The rule must define the intervention and support strategies for
  479  school improvement for schools earning a grade of “D” or “F” and
  480  the roles for the district and department.
  481         (4)(a) The state board shall apply intensive intervention
  482  and support strategies tailored to the needs of schools earning
  483  two consecutive grades of “D” or a grade of “F.” In the first
  484  full school year after a school initially earns two consecutive
  485  grades of “D” or a grade of “F,” the school district must
  486  immediately implement intervention and support strategies
  487  prescribed in rule under paragraph (3)(c) and, by September 1,
  488  provide the department with the memorandum of understanding
  489  negotiated pursuant to s. 1001.42(21) and, by October 1, a
  490  district-managed turnaround plan for approval by the state
  491  board. The district-managed turnaround plan may include a
  492  proposal for the district to implement an extended school day, a
  493  summer program, or a combination of an extended school day and
  494  summer program. Upon approval by the state board, the school
  495  district must implement the plan for the remainder of the school
  496  year and continue the plan for 1 full school year. The state
  497  board may allow a school an additional year of implementation
  498  before the school must implement a turnaround option required
  499  under paragraph (b) if it determines that the school is likely
  500  to improve to a grade of “C” or higher after the first full
  501  school year of implementation.
  502         (b) Unless an additional year of implementation is provided
  503  pursuant to paragraph (a), a school that has completed 2 school
  504  years of a district-managed turnaround plan required under
  505  paragraph (a) and has not improved its school grade to a “C” or
  506  higher, pursuant to s. 1008.34, earns three consecutive grades
  507  below a “C” must implement one of the following options:
  508         1. Reassign students to another school and monitor the
  509  progress of each reassigned student.;
  510         2. Close the school and reopen the school as one or more
  511  charter schools, each with a governing board that has a
  512  demonstrated record of effectiveness. Such charter schools are
  513  eligible for funding from the hope supplemental services
  514  allocation established under s. 1011.62(16).; or
  515         3. Contract with an outside entity that has a demonstrated
  516  record of effectiveness to operate the school. An outside entity
  517  may include:
  518         a. A district-managed charter school in which all
  519  instructional personnel are not employees of the school
  520  district, but are employees of an independent governing board
  521  composed of members who did not participate in the review or
  522  approval of the charter. A district-managed charter school is
  523  eligible for funding from the hope supplemental services
  524  allocation established in s. 1011.62(16); or
  525         b. A hope operator that submits to a school district a
  526  notice of intent of a performance-based agreement pursuant to s.
  527  1002.333. A school of hope established pursuant to this sub
  528  subparagraph is eligible for funding from the hope supplemental
  529  services allocation for up to 5 years, beginning in the school
  530  year in which the school of hope is established, if the school
  531  of hope:
  532         (I) Is established at the district-owned facilities of the
  533  persistently low-performing school;
  534         (II) Gives priority enrollment to students who are enrolled
  535  in, or are eligible to attend and are living in the attendance
  536  area of, the persistently low-performing school that the school
  537  of hope operates, consistent with the enrollment lottery
  538  exemption provided under s. 1002.333(5)(c); and
  539         (III) Meets the requirements of its performance-based
  540  agreement pursuant to s. 1002.333.
  541         4. Implement a franchise model school in which a highly
  542  effective principal, pursuant to s. 1012.34, leads the
  543  persistently low-performing school in addition to the
  544  principal’s currently assigned school. The franchise model
  545  school principal may allocate resources and personnel between
  546  the schools he or she leads. The persistently low-performing
  547  school is eligible for funding from the hope supplemental
  548  services allocation established under s. 1011.62(16).
  549         (c) Implementation of the turnaround option is no longer
  550  required if the school improves to a grade of “C” or higher.
  551         (d) If a school earning two consecutive grades of “D” or a
  552  grade of “F” does not improve to a grade of “C” or higher after
  553  2 full school years of implementing the turnaround option
  554  selected by the school district under paragraph (b), the school
  555  district must implement another turnaround option.
  556  Implementation of the turnaround option must begin the school
  557  year following the implementation period of the existing
  558  turnaround option, unless the state board determines that the
  559  school is likely to improve to a grade of “C” or higher if
  560  additional time is provided to implement the existing turnaround
  561  option.
  562         Section 6. Present subsections (16) and (17) of section
  563  1011.62, Florida Statutes, are redesignated as subsections (18)
  564  and (19), respectively, new subsections (16) and (17) are added
  565  to that section, and paragraph (a) of subsection (4) and
  566  subsection (14) of that section are amended, to read:
  567         1011.62 Funds for operation of schools.—If the annual
  568  allocation from the Florida Education Finance Program to each
  569  district for operation of schools is not determined in the
  570  annual appropriations act or the substantive bill implementing
  571  the annual appropriations act, it shall be determined as
  572  follows:
  574  Legislature shall prescribe the aggregate required local effort
  575  for all school districts collectively as an item in the General
  576  Appropriations Act for each fiscal year. The amount that each
  577  district shall provide annually toward the cost of the Florida
  578  Education Finance Program for kindergarten through grade 12
  579  programs shall be calculated as follows:
  580         (a) Estimated taxable value calculations.—
  581         1.a. Not later than 2 working days before July 19, the
  582  Department of Revenue shall certify to the Commissioner of
  583  Education its most recent estimate of the taxable value for
  584  school purposes in each school district and the total for all
  585  school districts in the state for the current calendar year
  586  based on the latest available data obtained from the local
  587  property appraisers. The value certified shall be the taxable
  588  value for school purposes for that year, and no further
  589  adjustments shall be made, except those made pursuant to
  590  paragraphs (c) and (d), or an assessment roll change required by
  591  final judicial decisions as specified in paragraph (18)(b)
  592  (16)(b). Not later than July 19, the Commissioner of Education
  593  shall compute a millage rate, rounded to the next highest one
  594  one-thousandth of a mill, which, when applied to 96 percent of
  595  the estimated state total taxable value for school purposes,
  596  would generate the prescribed aggregate required local effort
  597  for that year for all districts. The Commissioner of Education
  598  shall certify to each district school board the millage rate,
  599  computed as prescribed in this subparagraph, as the minimum
  600  millage rate necessary to provide the district required local
  601  effort for that year.
  602         b. The General Appropriations Act shall direct the
  603  computation of the statewide adjusted aggregate amount for
  604  required local effort for all school districts collectively from
  605  ad valorem taxes to ensure that no school district’s revenue
  606  from required local effort millage will produce more than 90
  607  percent of the district’s total Florida Education Finance
  608  Program calculation as calculated and adopted by the
  609  Legislature, and the adjustment of the required local effort
  610  millage rate of each district that produces more than 90 percent
  611  of its total Florida Education Finance Program entitlement to a
  612  level that will produce only 90 percent of its total Florida
  613  Education Finance Program entitlement in the July calculation.
  614         2. On the same date as the certification in sub
  615  subparagraph 1.a., the Department of Revenue shall certify to
  616  the Commissioner of Education for each district:
  617         a. Each year for which the property appraiser has certified
  618  the taxable value pursuant to s. 193.122(2) or (3), if
  619  applicable, since the prior certification under sub-subparagraph
  620  1.a.
  621         b. For each year identified in sub-subparagraph a., the
  622  taxable value certified by the appraiser pursuant to s.
  623  193.122(2) or (3), if applicable, since the prior certification
  624  under sub-subparagraph 1.a. This is the certification that
  625  reflects all final administrative actions of the value
  626  adjustment board.
  627         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  628  annually in the General Appropriations Act determine a
  629  percentage increase in funds per K-12 unweighted FTE as a
  630  minimum guarantee to each school district. The guarantee shall
  631  be calculated from prior year base funding per unweighted FTE
  632  student which shall include the adjusted FTE dollars as provided
  633  in subsection (18) (16), quality guarantee funds, and actual
  634  nonvoted discretionary local effort from taxes. From the base
  635  funding per unweighted FTE, the increase shall be calculated for
  636  the current year. The current year funds from which the
  637  guarantee shall be determined shall include the adjusted FTE
  638  dollars as provided in subsection (18) (16) and potential
  639  nonvoted discretionary local effort from taxes. A comparison of
  640  current year funds per unweighted FTE to prior year funds per
  641  unweighted FTE shall be computed. For those school districts
  642  which have less than the legislatively assigned percentage
  643  increase, funds shall be provided to guarantee the assigned
  644  percentage increase in funds per unweighted FTE student. Should
  645  appropriated funds be less than the sum of this calculated
  646  amount for all districts, the commissioner shall prorate each
  647  district’s allocation. This provision shall be implemented to
  648  the extent specifically funded.
  650  supplemental services allocation is created to provide district
  651  managed turnaround schools, as required under s. 1008.33(4)(a),
  652  charter schools authorized under s. 1008.33(4)(b)2., district
  653  managed charter schools authorized under s. 1008.33(4)(b)3.a.,
  654  schools of hope authorized under s. 1008.33(4)(b)3.b., and
  655  franchise model schools as authorized under s. 1008.33(4)(b)4.,
  656  with funds to offer services designed to improve the overall
  657  academic and community welfare of the schools’ students and
  658  their families.
  659         (a) Services funded by the allocation may include, but are
  660  not limited to, tutorial and after-school programs, student
  661  counseling, nutrition education, and parental counseling. In
  662  addition, services may also include models that develop a
  663  culture that encourages students to complete high school and to
  664  attend college or career training, set high academic
  665  expectations, inspire character development, and include an
  666  extended school day and school year.
  667         (b) Prior to distribution of the allocation, a school
  668  district, for a district turnaround school and persistently low
  669  performing schools that use a franchise model; a hope operator,
  670  for a school of hope; or the charter school governing board for
  671  a charter school, as applicable, shall develop and submit a plan
  672  for implementation to its respective governing body for approval
  673  no later than August 1 of the fiscal year.
  674         (c) At a minimum, the plans required under paragraph (b)
  675  must:
  676         1. Establish comprehensive support services that develop
  677  family and community partnerships;
  678         2. Establish clearly defined and measurable high academic
  679  and character standards;
  680         3. Increase parental involvement and engagement in the
  681  child’s education;
  682         4. Describe how instructional personnel will be identified,
  683  recruited, retained, and rewarded;
  684         5. Provide professional development that focuses on
  685  academic rigor, direct instruction, and creating high academic
  686  and character standards; and
  687         6. Provide focused instruction to improve student academic
  688  proficiency, which may include additional instruction time
  689  beyond the normal school day or school year.
  690         (d) Each school district and hope operator shall submit
  691  approved plans to the commissioner by September 1 of each fiscal
  692  year.
  693         (e) For the 2018-2019 fiscal year, a school that is
  694  selected to receive funding in the 2017-2018 fiscal year
  695  pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
  696  district-managed turnaround school required under s.
  697  1008.33(4)(a), charter school authorized under s.
  698  1008.33(4)(b)2., district-managed charter school authorized
  699  under s. 1008.33(4)(b)3.a., school of hope authorized under s.
  700  1008.33(4)(b)3.b., and franchise model school authorized under
  701  s. 1008.33(4)(b)4. are eligible for the remaining funds based on
  702  the school’s unweighted FTE, up to $2,000 per FTE or as provided
  703  in the General Appropriations Act.
  704         (f) For the 2019-2020 fiscal year and thereafter, each
  705  school district’s allocation shall be based on the unweighted
  706  FTE student enrollment at the eligible schools and a per-FTE
  707  funding amount of up to $2,000 per FTE or as provided in the
  708  General Appropriations Act. If the calculated funds for
  709  unweighted FTE student enrollment at the eligible schools exceed
  710  the per-FTE funds appropriated, the allocation of funds to each
  711  school district must be prorated based on each school district’s
  712  share of the total unweighted FTE student enrollment for the
  713  eligible schools.
  714         (17)MENTAL HEALTH ASSISTANCE ALLOCATION.The mental health
  715  assistance allocation is created to provide supplemental funding
  716  to assist school districts in establishing or expanding
  717  comprehensive school-based mental health programs that increase
  718  awareness of mental health issues among children and school-age
  719  youth; train educators and other school staff in detecting and
  720  responding to mental health issues; and connect children, youth,
  721  and families who may experience behavioral health issues with
  722  appropriate services. These funds may be allocated annually in
  723  the General Appropriations Act to each eligible school district
  724  and developmental research school based on each entity’s
  725  proportionate share of Florida Education Finance Program base
  726  funding. The district funding allocation must include a minimum
  727  amount as specified in the General Appropriations Act. Upon
  728  submission and approval of a plan that includes the elements
  729  specified in paragraph (b), charter schools are also entitled to
  730  a proportionate share of district funding for this program. The
  731  allocated funds may not supplant funds that are provided for
  732  this purpose from other operating funds and may not be used to
  733  increase salaries or provide bonuses.
  734         (a)Prior to the distribution of the allocation:
  735         1. The district must annually develop and submit a detailed
  736  plan outlining the local program and planned expenditures to the
  737  district school board for approval.
  738         2. A charter school must annually develop and submit a
  739  detailed plan outlining the local program and planned
  740  expenditures of the funds in the plan to its governing body for
  741  approval. After the plan is approved by the governing body, it
  742  must be provided to its school district for submission to the
  743  commissioner.
  744         (b) The plans required under paragraph (a) must include, at
  745  a minimum, all of the following elements:
  746         1. A collaborative effort or partnership between the school
  747  district and at least one local community program or agency
  748  involved in mental health to provide or to improve prevention,
  749  diagnosis, and treatment services for students;
  750         2. Programs to assist students in dealing with bullying,
  751  trauma, and violence;
  752         3. Strategies or programs to reduce the likelihood of at
  753  risk students developing social, emotional, or behavioral health
  754  problems or substance use disorders;
  755         4. Strategies to improve the early identification of
  756  social, emotional, or behavioral problems or substance use
  757  disorders and to improve the provision of early intervention
  758  services;
  759         5. Strategies to enhance the availability of school-based
  760  crisis intervention services and appropriate referrals for
  761  students in need of mental health services; and
  762         6. Training opportunities for school personnel in the
  763  techniques and supports needed to identify students who have
  764  trauma histories and who have or are at risk of having a mental
  765  illness, and in the use of referral mechanisms that effectively
  766  link such students to appropriate treatment and intervention
  767  services in the school and in the community.
  768         (c)The districts shall submit approved plans to the
  769  commissioner by August 1 of each fiscal year.
  770         (d) Beginning September 30, 2019, and by each September 30
  771  thereafter, each entity that receives an allocation under this
  772  subsection shall submit to the commissioner in a format
  773  prescribed by the department a final report on its program
  774  outcomes and its expenditures for each element of the program.
  775         Section 7. Subsection (5) of section 1011.71, Florida
  776  Statutes, is amended to read:
  777         1011.71 District school tax.—
  778         (5) Effective July 1, 2008, A school district may expend,
  779  subject to the provisions of s. 200.065, up to $150 $100 per
  780  unweighted full-time equivalent student from the revenue
  781  generated by the millage levy authorized by subsection (2) to
  782  fund, in addition to expenditures authorized in paragraphs
  783  (2)(a)-(j), expenses for the following:
  784         (a) The purchase, lease-purchase, or lease of driver’s
  785  education vehicles; motor vehicles used for the maintenance or
  786  operation of plants and equipment; security vehicles; or
  787  vehicles used in storing or distributing materials and
  788  equipment.
  789         (b) Payment of the cost of premiums, as defined in s.
  790  627.403, for property and casualty insurance necessary to insure
  791  school district educational and ancillary plants. As used in
  792  this paragraph, casualty insurance has the same meaning as in s.
  793  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
  794  are made available through the payment of property and casualty
  795  insurance premiums from revenues generated under this subsection
  796  may be expended only for nonrecurring operational expenditures
  797  of the school district.
  798         Section 8. Subsections (2), (3), and (4) of section
  799  1012.732, Florida Statutes, are amended to read:
  800         1012.732 The Florida Best and Brightest Principal
  801  Scholarship Program.—
  802         (2) There is created the Florida Best and Brightest
  803  Principal Scholarship Program to be administered by the
  804  Department of Education. The program shall provide categorical
  805  funding for scholarships to be awarded to school principals, as
  806  defined in s. 1012.01(3)(c)1., who are serving as a franchise
  807  model school principal or who have recruited and retained a high
  808  percentage of best and brightest teachers.
  809         (3)(a) A school principal identified pursuant to s.
  810  1012.731(4)(c) is eligible to receive a scholarship under this
  811  section if he or she has served as school principal at his or
  812  her school for at least 2 consecutive school years including the
  813  current school year and his or her school has a ratio of best
  814  and brightest teachers to other classroom teachers that is at
  815  the 80th percentile or higher for schools within the same grade
  816  group, statewide, including elementary schools, middle schools,
  817  high schools, and schools with a combination of grade levels.
  818         (b) A principal of a franchise model school, as defined in
  819  s. 1002.334, is eligible to receive a scholarship under this
  820  section.
  821         (4) Annually, by February 1, the department shall identify
  822  eligible school principals and disburse funds to each school
  823  district for each eligible school principal to receive a
  824  scholarship.
  825         (a) A scholarship of $10,000 $5,000 must be awarded to each
  826  franchise model school principal who is every eligible under
  827  paragraph (3)(b) of this section.
  828         (b)A scholarship of $5,000 must be awarded to each school
  829  principal assigned to a Title I school and a scholarship of
  830  $4,000 to each every eligible school principal who is not
  831  assigned to a Title I school and who is eligible under paragraph
  832  (3)(a).
  833         Section 9. Paragraph (b) of subsection (1) and subsection
  834  (3) of section 1013.62, Florida Statutes, are amended to read:
  835         1013.62 Charter schools capital outlay funding.—
  836         (1) Charter school capital outlay funding shall consist of
  837  revenue resulting from the discretionary millage authorized in
  838  s. 1011.71(2) and state funds when such funds are appropriated
  839  in the General Appropriations Act.
  840         (b) A charter school is not eligible to receive capital
  841  outlay funds if:
  842         1. It was created by the conversion of a public school and
  843  operates in facilities provided by the charter school’s sponsor
  844  for a nominal fee, or at no charge, or if it is directly or
  845  indirectly operated by the school district; or.
  846         2.The chair of the governing board and the chief
  847  administrative officer of the charter school do not annually
  848  certify under oath that the funds will be used solely and
  849  exclusively for constructing, renovating, or improving charter
  850  school facilities that are:
  851         a. Owned by a school district, a political subdivision of
  852  the state, a municipality, a Florida College System institution,
  853  or a state university; or
  854         b. Owned by an organization that is qualified as an exempt
  855  organization under s. 501(c)(3) of the Internal Revenue Code
  856  whose articles of incorporation specify that, upon the
  857  organization’s dissolution, the subject property will be
  858  transferred to a school district, a political subdivision of the
  859  state, a municipality, a Florida College System institution, or
  860  a state university.
  861         (3) If the school board levies the discretionary millage
  862  authorized in s. 1011.71(2), the department shall use the
  863  following calculation methodology to determine the amount of
  864  revenue that a school district must distribute to each eligible
  865  charter school:
  866         (a) Reduce the total discretionary millage revenue by the
  867  school district’s annual debt service obligation incurred as of
  868  March 1, 2017, and any amount of participation requirement
  869  pursuant to s. 1013.64(2)(a)8. that is being satisfied by
  870  revenues raised by the discretionary millage.
  871         (b) Divide the school district’s adjusted discretionary
  872  millage revenue by the district’s total capital outlay full-time
  873  equivalent membership and the total number of unweighted full
  874  time equivalent students of each eligible charter school to
  875  determine a capital outlay allocation per full-time equivalent
  876  student.
  877         (c) Multiply the capital outlay allocation per full-time
  878  equivalent student by the total number of full-time equivalent
  879  students for all of each eligible charter schools within the
  880  district school to determine the total charter school capital
  881  outlay allocation for each district charter school.
  882         (d) If applicable, reduce the capital outlay allocation
  883  identified in paragraph (c) by the total amount of state funds
  884  allocated pursuant to subsection (2) to all each eligible
  885  charter schools within a district school in subsection (2) to
  886  determine the net total maximum calculated capital outlay
  887  allocation from local funds. If state funds are not allocated
  888  pursuant to subsection (2), the amount determined in paragraph
  889  (c) is equal to the net total calculated capital outlay
  890  allocation from local funds for each district.
  891         (e) For each charter school within each district, the net
  892  capital outlay amount from local funds shall be calculated in
  893  the same manner as the state funds in paragraphs (2)(a)-(d),
  894  except that the base charter school per weighted FTE allocation
  895  amount shall be determined by dividing the net total capital
  896  outlay amount from local funds by the total weighted FTE for all
  897  eligible charter schools within the district. The per weighted
  898  FTE allocation amount from local funds shall be multiplied by
  899  the weighted FTE for each charter school to determine each
  900  charter school’s capital outlay allocation from local funds.
  901         (f)(e) School districts shall distribute capital outlay
  902  funds to charter schools no later than February 1 of each year,
  903  beginning on February 1, 2018, for the 2017-2018 fiscal year.
  904         Section 10. This act shall take effect July 1, 2018.
  906  ================= T I T L E  A M E N D M E N T ================
  907  And the title is amended as follows:
  908         Delete everything before the enacting clause
  909  and insert:
  910                        A bill to be entitled                      
  911         An act relating to K-12 education enhancements;
  912         amending s. 1002.333, F.S.; redefining the terms
  913         “persistently low-performing school” and “school of
  914         hope”; revising the contents of a school of hope
  915         notice of intent and performance-based agreement;
  916         revising school of hope facility requirements;
  917         specifying that certain schools of hope are eligible
  918         to receive hope supplemental service allocation funds;
  919         requiring the State Board of Education to provide
  920         awards to all eligible schools that meet certain
  921         requirements; conforming cross-references; creating s.
  922         1002.334, F.S.; defining the term “franchise model
  923         school”; authorizing specified schools to use a
  924         franchise model school as a turnaround option;
  925         specifying requirements for a franchise model school
  926         principal; amending s. 1002.395, F.S.; revising
  927         student eligibility criteria for the Florida Tax
  928         Credit Scholarship Program; specifying priority levels
  929         for the scholarships; amending s. 1007.273, F.S.;
  930         defining the term “structured program”; providing
  931         additional options for students participating in a
  932         structured program; prohibiting a district school
  933         board from limiting the number of public school
  934         students who may participate in a structured program;
  935         revising contract requirements; requiring each
  936         district school board to annually notify students in
  937         certain grades of certain information about the
  938         structured program, by a specified date; revising
  939         provisions relating to funding; requiring the state
  940         board to enforce compliance with certain provisions by
  941         a specified date each year; providing reporting
  942         requirements; amending s. 1008.33, F.S.; revising the
  943         turnaround options available for certain schools;
  944         amending s. 1011.62, F.S.; creating the hope
  945         supplemental services allocation; providing the
  946         purpose of the allocation; specifying the services
  947         that may be funded by the allocation; providing that
  948         implementation plans may include certain models;
  949         providing requirements for implementation plans;
  950         providing for the allocation of funds in specified
  951         fiscal years; creating the mental health assistance
  952         allocation; providing the purpose of the allocation;
  953         providing for the annual allocation of such funds on a
  954         specified basis; prohibiting the use of allocated
  955         funds to supplant funds provided from other operating
  956         funds, to increase salaries, or to provide bonuses;
  957         providing requirements for school districts and
  958         charter schools; providing that required plans must
  959         include certain elements; requiring school districts
  960         to annually submit approved plans to the Commissioner
  961         of Education by a specified date; requiring that
  962         entities that receive such allocations annually submit
  963         a final report on program outcomes and specific
  964         expenditures to the commissioner by a specified date;
  965         amending s. 1011.71, F.S.; increasing the amount that
  966         a school district may expend from a specified millage
  967         levy for certain expenses; amending s. 1012.732, F.S.;
  968         specifying that a franchise model school principal is
  969         eligible to receive a Florida Best and Brightest
  970         Principal scholarship; requiring specified awards for
  971         eligible principals; amending s. 1013.62, F.S.;
  972         prohibiting a charter school from being eligible for
  973         capital outlay funds unless the chair of the governing
  974         board and the chief administrative officer of the
  975         charter school annually certify certain information;
  976         revising the Department of Education’s calculation
  977         methodology for a school district’s distribution of
  978         discretionary millage to its eligible charter schools;
  979         providing an effective date.