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

       Appropriations Subcommittee on Pre-K - 12 Education (Passidomo)
       recommended the following:
    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 enter into a mutual
  132  management plan with the school district for the reasonable
  133  maintenance of the facilities. The mutual management plan must
  134  contain a provision specifying that the district school board
  135  agrees to maintain the school facilities in the same manner as
  136  other public schools within the district.
  138  The local governing authority shall not adopt or impose any
  139  local building requirements or site-development restrictions,
  140  such as parking and site-size criteria, student enrollment, and
  141  occupant load, that are addressed by and more stringent than
  142  those found in the State Requirements for Educational Facilities
  143  of the Florida Building Code. A local governing authority must
  144  treat schools of hope equitably in comparison to similar
  145  requirements, restrictions, and site planning processes imposed
  146  upon public schools. The agency having jurisdiction for
  147  inspection of a facility and issuance of a certificate of
  148  occupancy or use shall be the local municipality or, if in an
  149  unincorporated area, the county governing authority. If an
  150  official or employee of the local governing authority refuses to
  151  comply with this paragraph, the aggrieved school or entity has
  152  an immediate right to bring an action in circuit court to
  153  enforce its rights by injunction. An aggrieved party that
  154  receives injunctive relief may be awarded reasonable attorney
  155  fees and court costs.
  156         (9) FUNDING.—
  157         (a) Schools of hope shall be funded in accordance with s.
  158  1002.33(17).
  159         (b) Schools of hope shall receive priority in the
  160  department’s Public Charter School Grant Program competitions.
  161         (c) Schools of hope shall be considered charter schools for
  162  purposes of s. 1013.62, except charter capital outlay may not be
  163  used to purchase real property or for the construction of school
  164  facilities.
  165         (d) Schools of hope that meet the definition under
  166  subparagraph (1)(c)1. are eligible to receive funds from the
  167  Schools of Hope Program.
  168         (e) Schools of hope that meet the definition under
  169  subparagraph (1)(c)2. are eligible to receive funds from the
  170  hope supplemental services allocation established under s.
  171  1011.62(16).
  172         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
  173  is created within the Department of Education.
  174         (b) A traditional public school that is required to submit
  175  a plan for implementation pursuant to s. 1008.33(4) is eligible
  176  to receive funding for services authorized up to $2,000 per
  177  full-time equivalent student from the hope supplemental services
  178  allocation established under s. 1011.62(16). Schools of Hope
  179  Program based upon the strength of the school’s plan for
  180  implementation and its focus on evidence-based interventions
  181  that lead to student success by providing wrap-around services
  182  that leverage community assets, improve school and community
  183  collaboration, and develop family and community partnerships.
  184  Wrap-around services include, but are not limited to, tutorial
  185  and after-school programs, student counseling, nutrition
  186  education, parental counseling, and adult education. Plans for
  187  implementation may also include models that develop a culture of
  188  attending college, high academic expectations, character
  189  development, dress codes, and an extended school day and school
  190  year. At a minimum, a plan for implementation must:
  191         1. Establish wrap-around services that develop family and
  192  community partnerships.
  193         2. Establish clearly defined and measurable high academic
  194  and character standards.
  195         3. Increase parental involvement and engagement in the
  196  child’s education.
  197         4. Describe how the school district will identify, recruit,
  198  retain, and reward instructional personnel. The state board may
  199  waive the requirements of s. 1012.22(1)(c)5., and suspend the
  200  requirements of s. 1012.34, to facilitate implementation of the
  201  plan.
  202         5. Identify a knowledge-rich curriculum that the school
  203  will use that focuses on developing a student’s background
  204  knowledge.
  205         6. Provide professional development that focuses on
  206  academic rigor, direct instruction, and creating high academic
  207  and character standards.
  208         Section 2. Section 1002.334, Florida Statutes, is created
  209  to read:
  210         1002.334 Franchise model schools.—
  211         (1) As used in this section, the term “franchise model
  212  school” means a persistently low-performing school, as defined
  213  in s. 1002.333(1)(b), which is led by a highly effective
  214  principal in addition to the principal’s currently assigned
  215  school. If a franchise model school achieves a grade of “C” or
  216  higher, the school may retain its status as a franchise model
  217  school at the discretion of the school district.
  218         (2) A school district that has one or more persistently
  219  low-performing schools may use a franchise model school as a
  220  school turnaround option pursuant to s. 1008.33(4)(b)4.
  221         (3) A franchise model school principal:
  222         (a) Must be rated as highly effective pursuant to s.
  223  1012.34;
  224         (b) May lead two or more schools, including a persistently
  225  low-performing school or a school that was considered a
  226  persistently low-performing school before becoming a franchise
  227  model school;
  228         (c) May allocate resources and personnel between the
  229  schools under his or her administration; however, he or she must
  230  expend hope supplemental services allocation funds, authorized
  231  under s. 1011.62(16), at the franchise model school; and
  232         (d) Is eligible to receive a Best and Brightest Principal
  233  award under s. 1012.732.
  234         Section 3. Section 1007.273, Florida Statutes, is amended
  235  to read:
  236         1007.273 Structured high school acceleration programs
  237  Collegiate high school program.—
  238         (1) Each Florida College System institution shall work with
  239  each district school board in its designated service area to
  240  establish one or more structured programs, including, but not
  241  limited to, collegiate high school programs. As used in this
  242  section, the term “structured program” means a structured high
  243  school acceleration program.
  244         (1)(2)PURPOSE.—At a minimum, structured collegiate high
  245  school programs must include an option for public school
  246  students in grade 11 or grade 12 participating in the structured
  247  program, for at least 1 full school year, to earn CAPE industry
  248  certifications pursuant to s. 1008.44, and to successfully
  249  complete at least 30 credit hours through the dual enrollment
  250  program under s. 1007.271. The structured program must
  251  prioritize dual enrollment courses that are applicable toward
  252  general education core courses or common prerequisite course
  253  requirements under s. 1007.25 over dual enrollment courses
  254  applicable as electives toward at least the first year of
  255  college for an associate degree or baccalaureate degree while
  256  enrolled in the structured program. A district school board may
  257  not limit the number of eligible public school students who may
  258  enroll in such structured programs.
  260         (a) Each district school board and its local Florida
  261  College System institution shall execute a contract to establish
  262  one or more structured collegiate high school programs at a
  263  mutually agreed upon location or locations. Beginning with the
  264  2015-2016 school year, If the local Florida College System
  265  institution does not establish a structured program with a
  266  district school board in its designated service area, another
  267  Florida College System institution may execute a contract with
  268  that district school board to establish the structured program.
  269  The contract must be executed by January 1 of each school year
  270  for implementation of the structured program during the next
  271  school year. By August 1, 2018, a contract entered into before
  272  January 1, 2018, for the 2018-2019 school year must be modified
  273  to include the provisions of paragraph (b).
  274         (b) The contract must:
  275         1.(a) Identify the grade levels to be included in the
  276  structured collegiate high school program; which must, at a
  277  minimum, include grade 12.
  278         2.(b) Describe the structured collegiate high school
  279  program, including a list of the meta-major academic pathways
  280  approved pursuant to s. 1008.30(4), which are available to
  281  participating students through the partner Florida College
  282  System institution or other eligible partner postsecondary
  283  institutions; the delineation of courses that must, at a
  284  minimum, include general education core courses and common
  285  prerequisite course requirements pursuant to s. 1007.25; and
  286  industry certifications offered, including online course
  287  availability; the high school and college credits earned for
  288  each postsecondary course completed and industry certification
  289  earned; student eligibility criteria; and the enrollment process
  290  and relevant deadlines;.
  291         3.(c) Describe the methods, medium, and process by which
  292  students and their parents are annually informed about the
  293  availability of the structured collegiate high school program,
  294  the return on investment associated with participation in the
  295  structured program, and the information described in
  296  subparagraphs 1. and 2.; paragraphs (a) and (b).
  297         4.(d) Identify the delivery methods for instruction and the
  298  instructors for all courses;.
  299         5.(e) Identify student advising services and progress
  300  monitoring mechanisms;.
  301         6.(f) Establish a program review and reporting mechanism
  302  regarding student performance outcomes; and.
  303         7.(g) Describe the terms of funding arrangements to
  304  implement the structured collegiate high school program pursuant
  305  to paragraph (5)(a).
  307         (a)(4) Each student participating in a structured
  308  collegiate high school program must enter into a student
  309  performance contract which must be signed by the student, the
  310  parent, and a representative of the school district and the
  311  applicable Florida College System institution, state university,
  312  or other institution participating pursuant to subsection (4)
  313  (5). The performance contract must, at a minimum, specify
  314  include the schedule of courses, by semester, and industry
  315  certifications to be taken by the student, if any; student
  316  attendance requirements;, and course grade requirements; and the
  317  applicability of such courses to an associate degree or a
  318  baccalaureate degree.
  319         (b) By September 1 of each school year, each district
  320  school board must notify each student enrolled in grades 9, 10,
  321  11, and 12 in a public school within the school district about
  322  the structured program, including, but not limited to:
  323         1. The method for earning college credit through
  324  participation in the structured program. The notification must
  325  include website links to the dual enrollment course equivalency
  326  list approved by the State Board of Education; the common degree
  327  program prerequisite requirements published by the Articulation
  328  Coordinating Committee pursuant to s. 1007.01(3)(f); the
  329  industry certification articulation agreements adopted by the
  330  State Board of Education in rule; and the approved meta-major
  331  academic pathways of the partner Florida College System
  332  institution and other eligible partner postsecondary
  333  institutions participating pursuant to subsection (4); and
  334         2. The estimated cost savings to students and their
  335  families resulting from students successfully completing 30
  336  credit hours applicable toward general education core courses or
  337  common prerequisite course requirements before graduating from
  338  high school versus the cost of earning such credit hours after
  339  graduating from high school.
  341  to executing a contract with the local Florida College System
  342  institution under this section, a district school board may
  343  execute a contract to establish a structured collegiate high
  344  school program with a state university or an institution that is
  345  eligible to participate in the William L. Boyd, IV, Florida
  346  Resident Access Grant Program, that is a nonprofit independent
  347  college or university located and chartered in this state, and
  348  that is accredited by the Commission on Colleges of the Southern
  349  Association of Colleges and Schools to grant baccalaureate
  350  degrees. Such university or institution must meet the
  351  requirements specified under subsections (2) (3) and (3) (4). A
  352  charter school may execute a contract directly with the local
  353  Florida College System institution or another institution as
  354  authorized under this section to establish a structured program
  355  at a mutually agreed upon location.
  356         (5) FUNDING.—
  357         (a)(6) The structured collegiate high school program shall
  358  be funded pursuant to ss. 1007.271 and 1011.62. The State Board
  359  of Education shall enforce compliance with this section by
  360  withholding the transfer of funds for the school districts and
  361  the Florida College System institutions in accordance with s.
  362  1008.32. Annually, by December 31, the State Board of Education
  363  shall enforce compliance with this section by withholding the
  364  transfer of funds for the Florida College System institutions in
  365  accordance with s. 1001.602.
  366         (b) A student who enrolls in the structured program and
  367  successfully completes at least 30 college credit hours during a
  368  school year through the dual enrollment program under s.
  369  1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
  370  student who enrolls in the structured program and successfully
  371  completes an additional 30 college credit hours during a school
  372  year, resulting in at least 60 college credit hours through the
  373  dual enrollment program under s. 1007.271 applicable toward
  374  fulfilling the requirements for an associate in arts degree or
  375  an associate in science degree or a baccalaureate degree
  376  pursuant to the student performance contract under subsection
  377  (3), before graduating from high school, generates an additional
  378  0.5 FTE bonus. Each district school board that is a contractual
  379  partner with a Florida College System institution or other
  380  eligible postsecondary institution shall report to the
  381  commissioner the total FTE bonus for each structured program for
  382  the students from that school district. The total FTE bonus
  383  shall be added to each school district’s total weighted FTE for
  384  funding in the subsequent fiscal year.
  385         (c) For any industry certification a student attains under
  386  this section, the FTE bonus shall be calculated and awarded in
  387  accordance with s. 1011.62(1)(o).
  388         (6) REPORTING REQUIREMENTS.—
  389         (a) By September 1 of each school year, each district
  390  school superintendent shall report to the commissioner, at a
  391  minimum, the following information on each structured program
  392  administered during the prior school year:
  393         1. The number of students in public schools within the
  394  school district who enrolled in the structured program, and the
  395  partnering postsecondary institutions pursuant to subsections
  396  (2) and (4);
  397         2. The total and average number of dual enrollment courses
  398  completed, high school and college credits earned, standard high
  399  school diplomas and associate and baccalaureate degrees awarded,
  400  and the number of industry certifications attained, if any, by
  401  the students who enrolled in the structured program;
  402         3. The projected student enrollment in the structured
  403  program during the next school year; and
  404         4. Any barriers to executing contracts to establish one or
  405  more structured programs.
  406         (b) By November 30 of each school year, the commissioner
  407  must report to the Governor, the President of the Senate, and
  408  the Speaker of the House of Representatives the status of
  409  structured programs, including, at a minimum, a summary of
  410  student enrollment and completion information pursuant to this
  411  subsection; barriers, if any, to establishing such programs; and
  412  recommendations for expanding access to such programs statewide.
  413         Section 4. Paragraph (c) of subsection (3) and subsection
  414  (4) of section 1008.33, Florida Statutes, are amended to read:
  415         1008.33 Authority to enforce public school improvement.—
  416         (3)
  417         (c) The state board shall adopt by rule a differentiated
  418  matrix of intervention and support strategies for assisting
  419  traditional public schools identified under this section and
  420  rules for implementing s. 1002.33(9)(n), relating to charter
  421  schools.
  422         1. The intervention and support strategies must address
  423  efforts to improve student performance through one or more of
  424  the following strategies: and may include
  425         a. Improvement planning;
  426         b. Leadership quality improvement;
  427         c. Educator quality improvement;
  428         d. Professional development;
  429         e. Curriculum review, pacing, and alignment across grade
  430  levels to improve background knowledge in social studies,
  431  science, and the arts; and
  432         f. The use of continuous improvement and monitoring plans
  433  and processes.
  434         2.In addition, The state board may prescribe reporting
  435  requirements to review and monitor the progress of the schools.
  436  The rule must define the intervention and support strategies for
  437  school improvement for schools earning a grade of “D” or “F” and
  438  the roles for the district and department.
  439         (4)(a) The state board shall apply intensive intervention
  440  and support strategies tailored to the needs of schools earning
  441  two consecutive grades of “D” or a grade of “F.” In the first
  442  full school year after a school initially earns two consecutive
  443  grades of “D” or a grade of “F,” the school district must
  444  immediately implement intervention and support strategies
  445  prescribed in rule under paragraph (3)(c) and, by September 1,
  446  provide the department with the memorandum of understanding
  447  negotiated pursuant to s. 1001.42(21) and, by October 1, a
  448  district-managed turnaround plan for approval by the state
  449  board. The district-managed turnaround plan may include a
  450  proposal for the district to implement an extended school day, a
  451  summer program, or a combination of an extended school day and
  452  summer program. Upon approval by the state board, the school
  453  district must implement the plan for the remainder of the school
  454  year and continue the plan for 1 full school year. The state
  455  board may allow a school an additional year of implementation
  456  before the school must implement a turnaround option required
  457  under paragraph (b) if it determines that the school is likely
  458  to improve to a grade of “C” or higher after the first full
  459  school year of implementation.
  460         (b) Unless an additional year of implementation is provided
  461  pursuant to paragraph (a), a school that has completed 2 school
  462  years of a district-managed turnaround plan required under
  463  paragraph (a) and has not improved its school grade to a “C” or
  464  higher, pursuant to s. 1008.34, earns three consecutive grades
  465  below a “C” must implement one of the following options:
  466         1. Reassign students to another school and monitor the
  467  progress of each reassigned student.;
  468         2. Close the school and reopen the school as one or more
  469  charter schools, each with a governing board that has a
  470  demonstrated record of effectiveness. Such charter schools are
  471  eligible for funding from the hope supplemental services
  472  allocation established under s. 1011.62(16).; or
  473         3. Contract with an outside entity that has a demonstrated
  474  record of effectiveness to operate the school. An outside entity
  475  may include:
  476         a. A district-managed charter school in which all
  477  instructional personnel are not employees of the school
  478  district, but are employees of an independent governing board
  479  composed of members who did not participate in the review or
  480  approval of the charter. A district-managed charter school is
  481  eligible for funding from the hope supplemental services
  482  allocation established in s. 1011.62(16); or
  483         b. A hope operator that submits to a school district a
  484  notice of intent of a performance-based agreement pursuant to s.
  485  1002.333. A school of hope established pursuant to this sub
  486  subparagraph is eligible for funding from the hope supplemental
  487  services allocation for up to 5 years, beginning in the school
  488  year in which the school of hope is established, if the school
  489  of hope:
  490         (I) Is established at the district-owned facilities of the
  491  persistently low-performing school;
  492         (II) Gives priority enrollment to students who are enrolled
  493  in, or are eligible to attend and are living in the attendance
  494  area of, the persistently low-performing school that the school
  495  of hope operates, consistent with the enrollment lottery
  496  exemption provided under s. 1002.333(5)(c); and
  497         (III) Meets the requirements of its performance-based
  498  agreement pursuant to s. 1002.333.
  499         4. Implement a franchise model school in which a highly
  500  effective principal, pursuant to s. 1012.34, leads the
  501  persistently low-performing school in addition to the
  502  principal’s currently assigned school. The franchise model
  503  school principal may allocate resources and personnel between
  504  the schools he or she leads. The persistently low-performing
  505  school is eligible for funding from the hope supplemental
  506  services allocation established under s. 1011.62(16).
  507         (c) Implementation of the turnaround option is no longer
  508  required if the school improves to a grade of “C” or higher.
  509         (d) If a school earning two consecutive grades of “D” or a
  510  grade of “F” does not improve to a grade of “C” or higher after
  511  2 full school years of implementing the turnaround option
  512  selected by the school district under paragraph (b), the school
  513  district must implement another turnaround option.
  514  Implementation of the turnaround option must begin the school
  515  year following the implementation period of the existing
  516  turnaround option, unless the state board determines that the
  517  school is likely to improve to a grade of “C” or higher if
  518  additional time is provided to implement the existing turnaround
  519  option.
  520         Section 5. Present subsections (16) and (17) of section
  521  1011.62, Florida Statutes, are redesignated as subsections (19)
  522  and (20), respectively, new subsections (16) and (17) and
  523  subsection (18) are added to that section, and paragraph (a) of
  524  subsection (4) and subsection (14) of that section are amended,
  525  to read:
  526         1011.62 Funds for operation of schools.—If the annual
  527  allocation from the Florida Education Finance Program to each
  528  district for operation of schools is not determined in the
  529  annual appropriations act or the substantive bill implementing
  530  the annual appropriations act, it shall be determined as
  531  follows:
  533  Legislature shall prescribe the aggregate required local effort
  534  for all school districts collectively as an item in the General
  535  Appropriations Act for each fiscal year. The amount that each
  536  district shall provide annually toward the cost of the Florida
  537  Education Finance Program for kindergarten through grade 12
  538  programs shall be calculated as follows:
  539         (a) Estimated taxable value calculations.—
  540         1.a. Not later than 2 working days before July 19, the
  541  Department of Revenue shall certify to the Commissioner of
  542  Education its most recent estimate of the taxable value for
  543  school purposes in each school district and the total for all
  544  school districts in the state for the current calendar year
  545  based on the latest available data obtained from the local
  546  property appraisers. The value certified shall be the taxable
  547  value for school purposes for that year, and no further
  548  adjustments shall be made, except those made pursuant to
  549  paragraphs (c) and (d), or an assessment roll change required by
  550  final judicial decisions as specified in paragraph (19)(b)
  551  (16)(b). Not later than July 19, the Commissioner of Education
  552  shall compute a millage rate, rounded to the next highest one
  553  one-thousandth of a mill, which, when applied to 96 percent of
  554  the estimated state total taxable value for school purposes,
  555  would generate the prescribed aggregate required local effort
  556  for that year for all districts. The Commissioner of Education
  557  shall certify to each district school board the millage rate,
  558  computed as prescribed in this subparagraph, as the minimum
  559  millage rate necessary to provide the district required local
  560  effort for that year.
  561         b. The General Appropriations Act shall direct the
  562  computation of the statewide adjusted aggregate amount for
  563  required local effort for all school districts collectively from
  564  ad valorem taxes to ensure that no school district’s revenue
  565  from required local effort millage will produce more than 90
  566  percent of the district’s total Florida Education Finance
  567  Program calculation as calculated and adopted by the
  568  Legislature, and the adjustment of the required local effort
  569  millage rate of each district that produces more than 90 percent
  570  of its total Florida Education Finance Program entitlement to a
  571  level that will produce only 90 percent of its total Florida
  572  Education Finance Program entitlement in the July calculation.
  573         2. On the same date as the certification in sub
  574  subparagraph 1.a., the Department of Revenue shall certify to
  575  the Commissioner of Education for each district:
  576         a. Each year for which the property appraiser has certified
  577  the taxable value pursuant to s. 193.122(2) or (3), if
  578  applicable, since the prior certification under sub-subparagraph
  579  1.a.
  580         b. For each year identified in sub-subparagraph a., the
  581  taxable value certified by the appraiser pursuant to s.
  582  193.122(2) or (3), if applicable, since the prior certification
  583  under sub-subparagraph 1.a. This is the certification that
  584  reflects all final administrative actions of the value
  585  adjustment board.
  586         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  587  annually in the General Appropriations Act determine a
  588  percentage increase in funds per K-12 unweighted FTE as a
  589  minimum guarantee to each school district. The guarantee shall
  590  be calculated from prior year base funding per unweighted FTE
  591  student which shall include the adjusted FTE dollars as provided
  592  in subsection (19) (16), quality guarantee funds, and actual
  593  nonvoted discretionary local effort from taxes. From the base
  594  funding per unweighted FTE, the increase shall be calculated for
  595  the current year. The current year funds from which the
  596  guarantee shall be determined shall include the adjusted FTE
  597  dollars as provided in subsection (19) (16) and potential
  598  nonvoted discretionary local effort from taxes. A comparison of
  599  current year funds per unweighted FTE to prior year funds per
  600  unweighted FTE shall be computed. For those school districts
  601  which have less than the legislatively assigned percentage
  602  increase, funds shall be provided to guarantee the assigned
  603  percentage increase in funds per unweighted FTE student. Should
  604  appropriated funds be less than the sum of this calculated
  605  amount for all districts, the commissioner shall prorate each
  606  district’s allocation. This provision shall be implemented to
  607  the extent specifically funded.
  609  supplemental services allocation is created to provide district
  610  managed turnaround schools, as required under s. 1008.33(4)(a),
  611  charter schools authorized under s. 1008.33(4)(b)2., district
  612  managed charter schools authorized under s. 1008.33(4)(b)3.a.,
  613  schools of hope authorized under s. 1008.33(4)(b)3.b., and
  614  franchise model schools as authorized under s. 1008.33(4)(b)4.,
  615  with funds to offer services designed to improve the overall
  616  academic and community welfare of the schools’ students and
  617  their families.
  618         (a) Services funded by the allocation may include, but are
  619  not limited to, tutorial and after-school programs, student
  620  counseling, nutrition education, and parental counseling. In
  621  addition, services may also include models that develop a
  622  culture that encourages students to complete high school and to
  623  attend college or career training, set high academic
  624  expectations, inspire character development, and include an
  625  extended school day and school year.
  626         (b) Prior to distribution of the allocation, a school
  627  district, for a district turnaround school and persistently low
  628  performing schools that use a franchise model; a hope operator,
  629  for a school of hope; or the charter school governing board for
  630  a charter school, as applicable, shall develop and submit a plan
  631  for implementation to its respective governing body for approval
  632  no later than August 1 of the fiscal year.
  633         (c) At a minimum, the plans required under paragraph (b)
  634  must:
  635         1. Establish comprehensive support services that develop
  636  family and community partnerships;
  637         2. Establish clearly defined and measurable high academic
  638  and character standards;
  639         3. Increase parental involvement and engagement in the
  640  child’s education;
  641         4. Describe how instructional personnel will be identified,
  642  recruited, retained, and rewarded;
  643         5. Provide professional development that focuses on
  644  academic rigor, direct instruction, and creating high academic
  645  and character standards; and
  646         6. Provide focused instruction to improve student academic
  647  proficiency, which may include additional instruction time
  648  beyond the normal school day or school year.
  649         (d) Each school district and hope operator shall submit
  650  approved plans to the commissioner by September 1 of each fiscal
  651  year.
  652         (e) For the 2018-2019 fiscal year, a school that is
  653  selected to receive funding in the 2017-2018 fiscal year
  654  pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
  655  district-managed turnaround school required under s.
  656  1008.33(4)(a), charter school authorized under s.
  657  1008.33(4)(b)2., district-managed charter school authorized
  658  under s. 1008.33(4)(b)3.a., school of hope authorized under s.
  659  1008.33(4)(b)3.b., and franchise model school authorized under
  660  s. 1008.33(4)(b)4. are eligible for the remaining funds based on
  661  the school’s unweighted FTE, up to $2,000 per FTE or as provided
  662  in the General Appropriations Act.
  663         (f) For the 2019-2020 fiscal year and thereafter, each
  664  school district’s allocation shall be based on the unweighted
  665  FTE student enrollment at the eligible schools and a per-FTE
  666  funding amount of up to $2,000 per FTE or as provided in the
  667  General Appropriations Act. If the calculated funds for
  668  unweighted FTE student enrollment at the eligible schools exceed
  669  the per-FTE funds appropriated, the allocation of funds to each
  670  school district must be prorated based on each school district’s
  671  share of the total unweighted FTE student enrollment for the
  672  eligible schools.
  673         (17)MENTAL HEALTH ASSISTANCE ALLOCATION.The mental health
  674  assistance allocation is created to provide supplemental funding
  675  to assist school districts in establishing or expanding
  676  comprehensive school-based mental health programs that increase
  677  awareness of mental health issues among children and school-age
  678  youth; train educators and other school staff in detecting and
  679  responding to mental health issues; and connect children, youth,
  680  and families who may experience behavioral health issues with
  681  appropriate services. These funds may be allocated annually in
  682  the General Appropriations Act to each eligible school district
  683  and developmental research school based on each entity’s
  684  proportionate share of Florida Education Finance Program base
  685  funding. The district funding allocation must include a minimum
  686  amount as specified in the General Appropriations Act. Upon
  687  submission and approval of a plan that includes the elements
  688  specified in paragraph (b), charter schools are also entitled to
  689  a proportionate share of district funding for this program. The
  690  allocated funds may not supplant funds that are provided for
  691  this purpose from other operating funds and may not be used to
  692  increase salaries or provide bonuses.
  693         (a)Prior to the distribution of the allocation:
  694         1. The district must annually develop and submit a detailed
  695  plan outlining the local program and planned expenditures to the
  696  district school board for approval.
  697         2. A charter school must annually develop and submit a
  698  detailed plan outlining the local program and planned
  699  expenditures of the funds in the plan to its governing body for
  700  approval. After the plan is approved by the governing body, it
  701  must be provided to its school district for submission to the
  702  commissioner.
  703         (b) The plans required under paragraph (a) must include, at
  704  a minimum, all of the following elements:
  705         1. A collaborative effort or partnership between the school
  706  district and at least one local community program or agency
  707  involved in mental health to provide or to improve prevention,
  708  diagnosis, and treatment services for students;
  709         2. Programs to assist students in dealing with bullying,
  710  trauma, and violence;
  711         3. Strategies or programs to reduce the likelihood of at
  712  risk students developing social, emotional, or behavioral health
  713  problems or substance use disorders;
  714         4. Strategies to improve the early identification of
  715  social, emotional, or behavioral problems or substance use
  716  disorders and to improve the provision of early intervention
  717  services;
  718         5. Strategies to enhance the availability of school-based
  719  crisis intervention services and appropriate referrals for
  720  students in need of mental health services; and
  721         6. Training opportunities for school personnel in the
  722  techniques and supports needed to identify students who have
  723  trauma histories and who have or are at risk of having a mental
  724  illness, and in the use of referral mechanisms that effectively
  725  link such students to appropriate treatment and intervention
  726  services in the school and in the community.
  727         (c)The districts shall submit approved plans to the
  728  commissioner by August 1 of each fiscal year.
  729         (d) Beginning September 30, 2019, and by each September 30
  730  thereafter, each entity that receives an allocation under this
  731  subsection shall submit to the commissioner, in a format
  732  prescribed by the department, a final report on its program
  733  outcomes and its expenditures for each element of the program.
  734         (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  735  provide an annual funding compression allocation in the General
  736  Appropriations Act. The allocation is created to provide
  737  additional funding to school districts and developmental
  738  research schools whose total funds per FTE in the prior year
  739  were less than the statewide average. Using the most recent
  740  prior year FEFP calculation for each eligible school district,
  741  the total funds per FTE shall be subtracted from the state
  742  average funds per FTE, not including any adjustments made
  743  pursuant to paragraph (19)(b). The resulting funds per FTE
  744  difference, or a portion thereof, as designated in the General
  745  Appropriations Act, shall then be multiplied by the school
  746  district’s total unweighted FTE to provide the allocation. If
  747  the calculated funds are greater than the amount included in the
  748  General Appropriations Act, they must be prorated to the
  749  appropriation amount based on each participating school
  750  district’s share.
  751         Section 6. Subsection (5) of section 1011.71, Florida
  752  Statutes, is amended to read:
  753         1011.71 District school tax.—
  754         (5) Effective July 1, 2008, A school district may expend,
  755  subject to the provisions of s. 200.065, up to $150 $100 per
  756  unweighted full-time equivalent student from the revenue
  757  generated by the millage levy authorized by subsection (2) to
  758  fund, in addition to expenditures authorized in paragraphs
  759  (2)(a)-(j), expenses for the following:
  760         (a) The purchase, lease-purchase, or lease of driver’s
  761  education vehicles; motor vehicles used for the maintenance or
  762  operation of plants and equipment; security vehicles; or
  763  vehicles used in storing or distributing materials and
  764  equipment.
  765         (b) Payment of the cost of premiums, as defined in s.
  766  627.403, for property and casualty insurance necessary to insure
  767  school district educational and ancillary plants. As used in
  768  this paragraph, casualty insurance has the same meaning as in s.
  769  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
  770  are made available through the payment of property and casualty
  771  insurance premiums from revenues generated under this subsection
  772  may be expended only for nonrecurring operational expenditures
  773  of the school district.
  774         Section 7. Paragraph (c) of subsection (3) of section
  775  1012.731, Florida Statutes, is amended to read:
  776         1012.731 The Florida Best and Brightest Teacher Scholarship
  777  Program.—
  778         (3)
  779         (c) Notwithstanding the requirements of this subsection,
  780  for the 2017-2018, 2018-2019, and 2019-2020 school years, any
  781  classroom teacher who:
  782         1. Was evaluated as highly effective pursuant to s. 1012.34
  783  in the school year immediately preceding the year in which the
  784  scholarship will be awarded shall receive a scholarship of
  785  $1200, including a classroom teacher who received an award
  786  pursuant to paragraph (a).
  787         2. Was evaluated as effective pursuant to s. 1012.34 in the
  788  school year immediately preceding the year in which the
  789  scholarship will be awarded a scholarship of up to $800. If the
  790  number of eligible classroom teachers under this subparagraph
  791  exceeds the total allocation, the department shall prorate the
  792  per-teacher scholarship amount.
  794  This paragraph expires July 1, 2020.
  795         Section 8. Subsections (2), (3), and (4) of section
  796  1012.732, Florida Statutes, are amended to read:
  797         1012.732 The Florida Best and Brightest Principal
  798  Scholarship Program.—
  799         (2) There is created the Florida Best and Brightest
  800  Principal Scholarship Program to be administered by the
  801  Department of Education. The program shall provide categorical
  802  funding for scholarships to be awarded to school principals, as
  803  defined in s. 1012.01(3)(c)1., who are serving as a franchise
  804  model school principal or who have recruited and retained a high
  805  percentage of best and brightest teachers.
  806         (3)(a) A school principal identified pursuant to s.
  807  1012.731(4)(c) is eligible to receive a scholarship under this
  808  section if he or she has served as school principal at his or
  809  her school for at least 2 consecutive school years including the
  810  current school year and his or her school has a ratio of best
  811  and brightest teachers to other classroom teachers that is at
  812  the 80th percentile or higher for schools within the same grade
  813  group, statewide, including elementary schools, middle schools,
  814  high schools, and schools with a combination of grade levels.
  815         (b) A principal of a franchise model school, as defined in
  816  s. 1002.334, is eligible to receive a scholarship under this
  817  section.
  818         (4) Annually, by February 1, the department shall identify
  819  eligible school principals and disburse funds to each school
  820  district for each eligible school principal to receive a
  821  scholarship.
  822         (a) A scholarship of $10,000 $5,000 must be awarded to each
  823  franchise model school principal who is every eligible under
  824  paragraph (3)(b).
  825         (b)A scholarship of $5,000 must be awarded to each school
  826  principal assigned to a Title I school and a scholarship of
  827  $4,000 to each every eligible school principal who is not
  828  assigned to a Title I school and who is eligible under paragraph
  829  (3)(a).
  830         Section 9. Present paragraphs (a) through (d) of subsection
  831  (1) of section 1013.31, Florida Statutes, are redesignated as
  832  paragraphs (b) through (e), respectively, and a new paragraph
  833  (a) is added to that subsection, to read:
  834         1013.31 Educational plant survey; localized need
  835  assessment; PECO project funding.—
  836         (1) At least every 5 years, each board shall arrange for an
  837  educational plant survey, to aid in formulating plans for
  838  housing the educational program and student population, faculty,
  839  administrators, staff, and auxiliary and ancillary services of
  840  the district or campus, including consideration of the local
  841  comprehensive plan. The Department of Education shall document
  842  the need for additional career and adult education programs and
  843  the continuation of existing programs before facility
  844  construction or renovation related to career or adult education
  845  may be included in the educational plant survey of a school
  846  district or Florida College System institution that delivers
  847  career or adult education programs. Information used by the
  848  Department of Education to establish facility needs must
  849  include, but need not be limited to, labor market data, needs
  850  analysis, and information submitted by the school district or
  851  Florida College System institution.
  852         (a) Educational plant survey and localized need assessment
  853  for capital outlay purposes.A district may only use funds from
  854  the following sources for educational, auxiliary, and ancillary
  855  plant capital outlay purposes without needing a survey
  856  recommendation:
  857         1. The local capital outlay improvement fund, consisting of
  858  funds that come from and are a part of the district’s basic
  859  operating budget;
  860         2. If a board decides to build an educational, auxiliary,
  861  or ancillary facility without a survey recommendation and the
  862  taxpayers approve a bond referendum, the voted bond referendum;
  863         3. One-half cent sales surtax revenue;
  864         4. One cent local governmental surtax revenue;
  865         5. Impact fees; and
  866         6. Private gifts or donations.
  867         Section 10. Subsection (3) of section 1013.62, Florida
  868  Statutes, is amended to read:
  869         1013.62 Charter schools capital outlay funding.—
  870         (3) If the school board levies the discretionary millage
  871  authorized in s. 1011.71(2), the department shall use the
  872  following calculation methodology to determine the amount of
  873  revenue that a school district must distribute to each eligible
  874  charter school:
  875         (a) Reduce the total discretionary millage revenue by the
  876  school district’s annual debt service obligation incurred as of
  877  March 1, 2017, and any amount of participation requirement
  878  pursuant to s. 1013.64(2)(a)8. that is being satisfied by
  879  revenues raised by the discretionary millage.
  880         (b) Divide the school district’s adjusted discretionary
  881  millage revenue by the district’s total capital outlay full-time
  882  equivalent membership and the total number of unweighted full
  883  time equivalent students of each eligible charter school to
  884  determine a capital outlay allocation per full-time equivalent
  885  student.
  886         (c) Multiply the capital outlay allocation per full-time
  887  equivalent student by the total number of full-time equivalent
  888  students for all of each eligible charter schools within the
  889  district school to determine the total charter school capital
  890  outlay allocation for each district charter school.
  891         (d) If applicable, reduce the capital outlay allocation
  892  identified in paragraph (c) by the total amount of state funds
  893  allocated pursuant to subsection (2) to all each eligible
  894  charter schools within a district school in subsection (2) to
  895  determine the net total maximum calculated capital outlay
  896  allocation from local funds. If state funds are not allocated
  897  pursuant to subsection (2), the amount determined in paragraph
  898  (c) is equal to the net total calculated capital outlay
  899  allocation from local funds for each district.
  900         (e) For each charter school within each district, the net
  901  capital outlay amount from local funds shall be calculated in
  902  the same manner as the state funds in paragraphs (2)(a)-(d),
  903  except that the base charter school per weighted FTE allocation
  904  amount shall be determined by dividing the net total capital
  905  outlay amount from local funds by the total weighted FTE for all
  906  eligible charter schools within the district. The per weighted
  907  FTE allocation amount from local funds shall be multiplied by
  908  the weighted FTE for each charter school to determine each
  909  charter school’s capital outlay allocation from local funds.
  910         (f)(e) School districts shall distribute capital outlay
  911  funds to charter schools no later than February 1 of each year,
  912  beginning on February 1, 2018, for the 2017-2018 fiscal year.
  913         Section 11. This act shall take effect July 1, 2018.
  915  ================= T I T L E  A M E N D M E N T ================
  916  And the title is amended as follows:
  917         Delete everything before the enacting clause
  918  and insert:
  919                        A bill to be entitled                      
  920         An act relating to K-12 education; amending s.
  921         1002.333, F.S.; redefining the terms “persistently
  922         low-performing school” and “school of hope”; revising
  923         the contents of a school of hope notice of intent and
  924         performance-based agreement; revising school of hope
  925         facility requirements; specifying that certain schools
  926         of hope are eligible to receive hope supplemental
  927         service allocation funds; requiring the State Board of
  928         Education to provide awards to all eligible schools
  929         that meet certain requirements; conforming cross
  930         references; creating s. 1002.334, F.S.; defining the
  931         term “franchise model school”; authorizing specified
  932         schools to use a franchise model school as a
  933         turnaround option; specifying requirements for a
  934         franchise model school principal; amending s.
  935         1007.273, F.S.; defining the term “structured
  936         program”; providing additional options for students
  937         participating in a structured program; prohibiting a
  938         district school board from limiting the number of
  939         public school students who may participate in a
  940         structured program; revising contract requirements;
  941         requiring each district school board to annually
  942         notify students in certain grades of certain
  943         information about the structured program, by a
  944         specified date; revising provisions relating to
  945         funding; requiring the state board to enforce
  946         compliance with certain provisions by a specified date
  947         each year; providing reporting requirements; amending
  948         s. 1008.33, F.S.; revising the turnaround options
  949         available for certain schools; amending s. 1011.62,
  950         F.S.; creating the hope supplemental services
  951         allocation; providing the purpose of the allocation;
  952         specifying the services that may be funded by the
  953         allocation; providing that implementation plans may
  954         include certain models; providing requirements for
  955         implementation plans; providing for the allocation of
  956         funds in specified fiscal years; creating the mental
  957         health assistance allocation; providing the purpose of
  958         the allocation; providing for the annual allocation of
  959         such funds on a specified basis; prohibiting the use
  960         of allocated funds to supplant funds provided from
  961         other operating funds, to increase salaries, or to
  962         provide bonuses; providing requirements for school
  963         districts and charter schools; providing that required
  964         plans must include certain elements; requiring school
  965         districts to annually submit approved plans to the
  966         Commissioner of Education by a specified date;
  967         requiring that entities that receive such allocations
  968         annually submit a final report on program outcomes and
  969         specific expenditures to the commissioner by a
  970         specified date; creating the funding compression
  971         allocation; providing the purpose of the allocation;
  972         authorizing funding for the annual allocation for
  973         specified purposes; providing the calculation for the
  974         allocation; amending s. 1011.71, F.S.; increasing the
  975         amount that a school district may expend from a
  976         specified millage levy for certain expenses; amending
  977         s. 1012.731, F.S.; deleting Florida Best and Brightest
  978         Teacher Scholarship Program scholarship awards
  979         authorized for specific school years; amending s.
  980         1012.732, F.S.; specifying that a franchise model
  981         school principal is eligible to receive a Florida Best
  982         and Brightest Principal scholarship; requiring
  983         specified awards for eligible principals; amending s.
  984         1013.31, F.S.; authorizing a district to use certain
  985         sources of funds for educational, auxiliary, and
  986         ancillary plant capital outlay purposes without
  987         needing a survey recommendation; amending s. 1013.62,
  988         F.S.; revising the Department of Education’s
  989         calculation methodology for a school district’s
  990         distribution of discretionary millage to its eligible
  991         charter schools; providing an effective date.