Florida Senate - 2018                             CS for SB 1434
       By the Committee on Education; and Senator Passidomo
       581-02335-18                                          20181434c1
    1                        A bill to be entitled                      
    2         An act relating to K-12 education enhancements;
    3         amending s. 1002.333, F.S.; redefining the terms
    4         “persistently low-performing school” and “school of
    5         hope”; revising the contents of a school of hope
    6         notice of intent and performance-based agreement;
    7         revising school of hope facility requirements;
    8         specifying that certain schools of hope are eligible
    9         to receive hope supplemental service allocation funds;
   10         requiring the State Board of Education to provide
   11         awards to all eligible schools that meet certain
   12         requirements; conforming cross-references; creating s.
   13         1002.334, F.S.; defining the term “franchise model
   14         school”; authorizing specified schools to use a
   15         franchise model school as a turnaround option;
   16         specifying requirements for a franchise model school
   17         principal; amending s. 1002.395, F.S.; revising
   18         student eligibility criteria for the Florida Tax
   19         Credit Scholarship Program; specifying priority levels
   20         for the scholarships; amending s. 1007.273, F.S.;
   21         defining the term “structured program”; providing
   22         additional options for students participating in a
   23         structured program; prohibiting a district school
   24         board from limiting the number of public school
   25         students who may participate in a structured program;
   26         revising contract requirements; requiring each
   27         district school board to annually notify students in
   28         certain grades of certain information about the
   29         structured program, by a specified date; revising
   30         provisions relating to funding; requiring the state
   31         board to enforce compliance with certain provisions by
   32         a specified date each year; providing reporting
   33         requirements; amending s. 1008.33, F.S.; revising the
   34         turnaround options available for certain schools;
   35         amending s. 1011.62, F.S.; creating the hope
   36         supplemental services allocation; providing the
   37         purpose of the allocation; specifying the services
   38         that may be funded by the allocation; providing that
   39         implementation plans may include certain models;
   40         providing requirements for implementation plans;
   41         providing for the allocation of funds in specified
   42         fiscal years; creating the mental health assistance
   43         allocation; providing the purpose of the allocation;
   44         providing for the annual allocation of such funds on a
   45         specified basis; prohibiting the use of allocated
   46         funds to supplant funds provided from other operating
   47         funds, to increase salaries, or to provide bonuses;
   48         providing requirements for school districts and
   49         charter schools; providing that required plans must
   50         include certain elements; requiring school districts
   51         to annually submit approved plans to the Commissioner
   52         of Education by a specified date; requiring that
   53         entities that receive such allocations annually submit
   54         a final report on program outcomes and specific
   55         expenditures to the commissioner by a specified date;
   56         amending s. 1011.71, F.S.; increasing the amount that
   57         a school district may expend from a specified millage
   58         levy for certain expenses; amending s. 1012.732, F.S.;
   59         specifying that a franchise model school principal is
   60         eligible to receive a Florida Best and Brightest
   61         Principal scholarship; requiring specified awards for
   62         eligible principals; amending s. 1013.62, F.S.;
   63         prohibiting a charter school from being eligible for
   64         capital outlay funds unless the chair of the governing
   65         board and the chief administrative officer of the
   66         charter school annually certify certain information;
   67         revising the Department of Education’s calculation
   68         methodology for a school district’s distribution of
   69         discretionary millage to its eligible charter schools;
   70         providing an effective date.
   72  Be It Enacted by the Legislature of the State of Florida:
   74         Section 1. Subsections (1) and (2), paragraph (a) of
   75  subsection (4), paragraphs (b), (g), and (i) of subsection (5),
   76  paragraph (a) of subsection (7), subsection (9), and paragraph
   77  (b) of subsection (10) of section 1002.333, Florida Statutes,
   78  are amended to read:
   79         1002.333 Persistently low-performing schools.—
   80         (1) DEFINITIONS.—As used in this section, the term:
   81         (a) “Hope operator” means an entity identified by the
   82  department pursuant to subsection (2).
   83         (b) “Persistently low-performing school” means a school
   84  that has completed 2 school years of a district-managed
   85  turnaround plan required under s. 1008.33(4)(a) and has not
   86  improved its school grade to a “C” or higher, earned three
   87  consecutive grades lower than a “C,” pursuant to s. 1008.34, and
   88  a school that was closed pursuant to s. 1008.33(4) within 2
   89  years after the submission of a notice of intent.
   90         (c) “School of hope” means:
   91         1. A charter school operated by a hope operator which
   92  serves students from one or more persistently low-performing
   93  schools; is located in the attendance zone of a persistently
   94  low-performing school or within a 5-mile radius of such school,
   95  whichever is greater; and is a Title I eligible school; or
   96         2. A school operated by a hope operator pursuant to s.
   97  1008.33(4)(b)3.b. s. 1008.33(4)(b)3.
   98         (2) HOPE OPERATOR.—A hope operator is a nonprofit
   99  organization with tax exempt status under s. 501(c)(3) of the
  100  Internal Revenue Code which that operates three or more charter
  101  schools that serve students in grades K-12 in Florida or other
  102  states with a record of serving students from low-income
  103  families and is designated by the State Board of Education as a
  104  hope operator based on a determination that:
  105         (a) The past performance of the hope operator meets or
  106  exceeds the following criteria:
  107         1. The achievement of enrolled students exceeds the
  108  district and state averages of the states in which the
  109  operator’s schools operate;
  110         2. The average college attendance rate at all schools
  111  currently operated by the operator exceeds 80 percent, if such
  112  data is available;
  113         3. The percentage of students eligible for a free or
  114  reduced price lunch under the National School Lunch Act enrolled
  115  at all schools currently operated by the operator exceeds 70
  116  percent;
  117         4. The operator is in good standing with the authorizer in
  118  each state in which it operates;
  119         5. The audited financial statements of the operator are
  120  free of material misstatements and going concern issues; and
  121         6. Other outcome measures as determined by the State Board
  122  of Education;
  123         (b) The operator was awarded a United States Department of
  124  Education Charter School Program Grant for Replication and
  125  Expansion of High-Quality Charter Schools within the preceding 3
  126  years before applying to be a hope operator;
  127         (c) The operator receives funding through the National Fund
  128  of the Charter School Growth Fund to accelerate the growth of
  129  the nation’s best charter schools; or
  130         (d) The operator is selected by a district school board in
  131  accordance with s. 1008.33.
  133  An entity that meets the requirements of paragraph (b),
  134  paragraph (c), or paragraph (d) before the adoption by the state
  135  board of measurable criteria pursuant to paragraph (a) shall be
  136  designated as a hope operator. After the adoption of the
  137  measurable criteria, an entity, including a governing board that
  138  operates a school established pursuant to s. 1008.33(4)(b)3.b.
  139  s. 1008.33(4)(b)3., shall be designated as a hope operator if it
  140  meets the criteria of paragraph (a).
  141         (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
  142  seeking to open a school of hope must submit a notice of intent
  143  to the school district in which a persistently low-performing
  144  school has been identified by the State Board of Education
  145  pursuant to subsection (10).
  146         (a) The notice of intent must include all of the following:
  147         1. An academic focus and plan.
  148         2. A financial plan.
  149         3. Goals and objectives for increasing student achievement
  150  for the students from low-income families.
  151         4. A completed or planned community outreach plan.
  152         5. The organizational history of success in working with
  153  students with similar demographics.
  154         6. The grade levels to be served and enrollment
  155  projections.
  156         7. The specific proposed location or geographic area
  157  proposed for the school and its proximity to the persistently
  158  low-performing school or the plan to use the district-owned
  159  facilities of the persistently low-performing school.
  160         8. A staffing plan.
  161         9. An operations plan specifying the operator’s intent to
  162  undertake the operations of the persistently low-performing
  163  school in its entirety or through limited components of the
  164  operations.
  165         (5) PERFORMANCE-BASED AGREEMENT.—The following shall
  166  comprise the entirety of the performance-based agreement:
  167         (b) The location or geographic area proposed for the school
  168  of hope and its proximity to the persistently low-performing
  169  school.
  170         (f)(g) The grounds for termination, including failure to
  171  meet the requirements for student performance established
  172  pursuant to paragraph (d) (e), generally accepted standards of
  173  fiscal management, or material violation of terms of the
  174  agreement. The nonrenewal or termination of a performance-based
  175  agreement must comply with the requirements of s. 1002.33(8).
  176         (h)(i) A provision establishing the initial term as 5
  177  years. The agreement must shall be renewed, upon the request of
  178  the hope operator, unless the school fails to meet the
  179  requirements for student performance established pursuant to
  180  paragraph (d) (e) or generally accepted standards of fiscal
  181  management or the school of hope materially violates the law or
  182  the terms of the agreement.
  183         (7) FACILITIES.—
  184         (a)1. A school of hope that meets the definition under
  185  subparagraph (1)(c)1. shall use facilities that comply with the
  186  Florida Building Code, except for the State Requirements for
  187  Educational Facilities. A school of hope that uses school
  188  district facilities must comply with the State Requirements for
  189  Educational Facilities only if the school district and the hope
  190  operator have entered into a mutual management plan for the
  191  reasonable maintenance of such facilities. The mutual management
  192  plan shall contain a provision by which the district school
  193  board agrees to maintain the school facilities in the same
  194  manner as its other public schools within the district.
  195         2.A school of hope that meets the definition under
  196  subparagraph (1)(c)2. and that receives funds from the hope
  197  supplemental services allocation under s. 1011.62(16) shall use
  198  the district-owned facilities of the persistently low-performing
  199  school that the school of hope operates. A school of hope that
  200  uses district-owned facilities must comply with the State
  201  Requirements for Educational Facilities only if the school
  202  district and the hope operator have entered into a mutual
  203  management plan for the reasonable maintenance of the
  204  facilities. The mutual management plan must contain a provision
  205  specifying that the district school board agrees to maintain the
  206  school facilities in the same manner as other public schools
  207  within the district.
  209  The local governing authority shall not adopt or impose any
  210  local building requirements or site-development restrictions,
  211  such as parking and site-size criteria, student enrollment, and
  212  occupant load, that are addressed by and more stringent than
  213  those found in the State Requirements for Educational Facilities
  214  of the Florida Building Code. A local governing authority must
  215  treat schools of hope equitably in comparison to similar
  216  requirements, restrictions, and site planning processes imposed
  217  upon public schools. The agency having jurisdiction for
  218  inspection of a facility and issuance of a certificate of
  219  occupancy or use shall be the local municipality or, if in an
  220  unincorporated area, the county governing authority. If an
  221  official or employee of the local governing authority refuses to
  222  comply with this paragraph, the aggrieved school or entity has
  223  an immediate right to bring an action in circuit court to
  224  enforce its rights by injunction. An aggrieved party that
  225  receives injunctive relief may be awarded reasonable attorney
  226  fees and court costs.
  227         (9) FUNDING.—
  228         (a) Schools of hope shall be funded in accordance with s.
  229  1002.33(17).
  230         (b) Schools of hope shall receive priority in the
  231  department’s Public Charter School Grant Program competitions.
  232         (c) Schools of hope shall be considered charter schools for
  233  purposes of s. 1013.62, except charter capital outlay may not be
  234  used to purchase real property or for the construction of school
  235  facilities.
  236         (d) Schools of hope that meet the definition under s.
  237  subparagraph (1)(c)1. are eligible to receive funds from the
  238  Schools of Hope Program.
  239         (e) Schools of hope that meet the definition under
  240  subparagraph (1)(c)2. are eligible to receive funds from the
  241  hope supplemental services allocation established under s.
  242  1011.62(16).
  243         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
  244  is created within the Department of Education.
  245         (b) A traditional public school that is required to submit
  246  a plan for implementation pursuant to s. 1008.33(4) is eligible
  247  to receive funding for services authorized up to $2,000 per
  248  full-time equivalent student from the hope supplemental services
  249  allocation established under s. 1011.62(16) Schools of Hope
  250  Program based upon the strength of the school’s plan for
  251  implementation and its focus on evidence-based interventions
  252  that lead to student success by providing wrap-around services
  253  that leverage community assets, improve school and community
  254  collaboration, and develop family and community partnerships.
  255  Wrap-around services include, but are not limited to, tutorial
  256  and after-school programs, student counseling, nutrition
  257  education, parental counseling, and adult education. Plans for
  258  implementation may also include models that develop a culture of
  259  attending college, high academic expectations, character
  260  development, dress codes, and an extended school day and school
  261  year. At a minimum, a plan for implementation must:
  262         1. Establish wrap-around services that develop family and
  263  community partnerships.
  264         2. Establish clearly defined and measurable high academic
  265  and character standards.
  266         3. Increase parental involvement and engagement in the
  267  child’s education.
  268         4. Describe how the school district will identify, recruit,
  269  retain, and reward instructional personnel. The state board may
  270  waive the requirements of s. 1012.22(1)(c)5., and suspend the
  271  requirements of s. 1012.34, to facilitate implementation of the
  272  plan.
  273         5. Identify a knowledge-rich curriculum that the school
  274  will use that focuses on developing a student’s background
  275  knowledge.
  276         6. Provide professional development that focuses on
  277  academic rigor, direct instruction, and creating high academic
  278  and character standards.
  279         Section 2. Section 1002.334, Florida Statutes, is created
  280  to read:
  281         1002.334 Franchise model schools.—
  282         (1) As used in this section, the term “franchise model
  283  school” means a persistently low-performing school, as defined
  284  in s. 1002.333(1)(b), which is led by a highly effective
  285  principal in addition to the principal’s currently assigned
  286  school. If a franchise model school achieves a grade of “C” or
  287  higher, the school may retain its status as a franchise model
  288  school at the discretion of the school district.
  289         (2) A school district that has one or more persistently
  290  low-performing schools may use a franchise model school as a
  291  school turnaround option pursuant to s. 1008.33(4)(b)4.
  292         (3) A franchise model school principal:
  293         (a) Must be rated as highly effective pursuant to s.
  294  1012.34;
  295         (b) May lead two or more schools, including a persistently
  296  low-performing school or a school that was considered a
  297  persistently low-performing school before becoming a franchise
  298  model school;
  299         (c) May allocate resources and personnel between the
  300  schools under his or her administration; however, he or she must
  301  expend hope supplemental services allocation funds, authorized
  302  under s. 1011.62(16), at the franchise model school; and
  303         (d) Is eligible to receive a Best and Brightest Principal
  304  award under s. 1012.732.
  305         Section 3. Subsection (3) of section 1002.395, Florida
  306  Statutes, is amended to read:
  307         1002.395 Florida Tax Credit Scholarship Program.—
  309         (a) The Florida Tax Credit Scholarship Program is
  310  established.
  311         (b) A student is eligible for a Florida tax credit
  312  scholarship under this section if the student meets one or more
  313  of the following criteria:
  314         1. The student is on the direct certification list or the
  315  student’s household income level does not exceed 185 percent of
  316  the federal poverty level; or
  317         2. The student is currently placed, or during the previous
  318  state fiscal year was placed, in foster care or in out-of-home
  319  care as defined in s. 39.01. A student who initially receives a
  320  scholarship based on eligibility under this subparagraph remains
  321  eligible to participate until the student graduates from high
  322  school or attains 21 years of age, whichever occurs first,
  323  regardless of the student’s household income level.
  324         3. The student’s household income level is greater than 185
  325  percent of the federal poverty level but does not exceed 260
  326  percent of the federal poverty level.
  327         4. The student currently attends, or attended in the
  328  previous academic year, a persistently low-performing school, as
  329  defined in s. 1002.333(1)(b). A student who initially receives a
  330  scholarship under this subparagraph remains eligible to
  331  participate as long as his or her zoned school retains its
  332  status as a persistently low-performing school.
  334  A student who is eligible for a Florida tax credit scholarship
  335  under subparagraphs (b)1.-3. shall be given priority for a
  336  scholarship over a student who is eligible under subparagraph
  337  (b)4. A student who initially receives a scholarship based on
  338  eligibility under subparagraph (b)2. remains eligible to
  339  participate until the student graduates from high school or
  340  attains the age of 21 years, whichever occurs first, regardless
  341  of the student’s household income level. A sibling of a student
  342  who is participating in the scholarship program under this
  343  subsection is eligible for a scholarship if the student resides
  344  in the same household as the sibling.
  345         Section 4. Section 1007.273, Florida Statutes, is amended
  346  to read:
  347         1007.273 Structured high school acceleration programs
  348  Collegiate high school program.—
  349         (1) Each Florida College System institution shall work with
  350  each district school board in its designated service area to
  351  establish one or more structured programs, including, but not
  352  limited to, collegiate high school programs. As used in this
  353  section, the term “structured program” means a structured high
  354  school acceleration program.
  355         (1)(2)PURPOSE.—At a minimum, structured collegiate high
  356  school programs must include an option for public school
  357  students in grade 11 or grade 12 participating in the structured
  358  program, for at least 1 full school year, to earn CAPE industry
  359  certifications pursuant to s. 1008.44, and to successfully
  360  complete at least 30 credit hours through the dual enrollment
  361  program under s. 1007.271. The structured program must
  362  prioritize dual enrollment courses that are applicable toward
  363  general education core courses or common prerequisite course
  364  requirements under s. 1007.25 over dual enrollment courses
  365  applicable as electives toward at least the first year of
  366  college for an associate degree or baccalaureate degree while
  367  enrolled in the structured program. A district school board may
  368  not limit the number of eligible public school students who may
  369  enroll in such structured programs.
  371         (a) Each district school board and its local Florida
  372  College System institution shall execute a contract to establish
  373  one or more structured collegiate high school programs at a
  374  mutually agreed upon location or locations. Beginning with the
  375  2015-2016 school year, If the local Florida College System
  376  institution does not establish a structured program with a
  377  district school board in its designated service area, another
  378  Florida College System institution may execute a contract with
  379  that district school board to establish the structured program.
  380  The contract must be executed by January 1 of each school year
  381  for implementation of the structured program during the next
  382  school year. By August 1, 2018, a contract entered into before
  383  January 1, 2018 for the 2018-2019 school year must be modified
  384  to include the provisions of paragraph (b).
  385         (b) The contract must:
  386         1.(a) Identify the grade levels to be included in the
  387  structured collegiate high school program; which must, at a
  388  minimum, include grade 12.
  389         2.(b) Describe the structured collegiate high school
  390  program, including a list of the meta-major academic pathways
  391  approved pursuant to s. 1008.30(4), which are available to
  392  participating students through the partner Florida College
  393  System institution or other eligible partner postsecondary
  394  institutions; the delineation of courses that must, at a
  395  minimum, include general education core courses and common
  396  prerequisite course requirements pursuant to s. 1007.25; and
  397  industry certifications offered, including online course
  398  availability; the high school and college credits earned for
  399  each postsecondary course completed and industry certification
  400  earned; student eligibility criteria; and the enrollment process
  401  and relevant deadlines;.
  402         3.(c) Describe the methods, medium, and process by which
  403  students and their parents are annually informed about the
  404  availability of the structured collegiate high school program,
  405  the return on investment associated with participation in the
  406  structured program, and the information described in
  407  subparagraphs 1. and 2.; paragraphs (a) and (b).
  408         4.(d) Identify the delivery methods for instruction and the
  409  instructors for all courses;.
  410         5.(e) Identify student advising services and progress
  411  monitoring mechanisms;.
  412         6.(f) Establish a program review and reporting mechanism
  413  regarding student performance outcomes; and.
  414         7.(g) Describe the terms of funding arrangements to
  415  implement the structured collegiate high school program pursuant
  416  to paragraph (5)(a).
  418         (a)(4) Each student participating in a structured
  419  collegiate high school program must enter into a student
  420  performance contract which must be signed by the student, the
  421  parent, and a representative of the school district and the
  422  applicable Florida College System institution, state university,
  423  or other institution participating pursuant to subsection (4)
  424  (5). The performance contract must, at a minimum, specify
  425  include the schedule of courses, by semester, and industry
  426  certifications to be taken by the student, if any; student
  427  attendance requirements;, and course grade requirements; and the
  428  applicability of such courses to an associate degree or a
  429  baccalaureate degree.
  430         (b) By September 1 of each school year, each district
  431  school board must notify each student enrolled in grades 9, 10,
  432  11, and 12 in a public school within the school district about
  433  the structured program, including, but not limited to:
  434         1. The method for earning college credit through
  435  participation in the structured program. The notification must
  436  include website links to the dual enrollment course equivalency
  437  list approved by the State Board of Education; the common degree
  438  program prerequisite requirements published by the Articulation
  439  Coordinating Committee pursuant to s. 1007.01(3)(f); the
  440  industry certification articulation agreements adopted by the
  441  State Board of Education in rule; and the approved meta-major
  442  academic pathways of the partner Florida College System
  443  institution and other eligible partner postsecondary
  444  institutions participating pursuant to subsection (4); and
  445         2. The estimated cost savings to students and their
  446  families resulting from students successfully completing 30
  447  credit hours applicable toward general education core courses or
  448  common prerequisite course requirements before graduating from
  449  high school versus the cost of earning such credit hours after
  450  graduating from high school.
  452  to executing a contract with the local Florida College System
  453  institution under this section, a district school board may
  454  execute a contract to establish a structured collegiate high
  455  school program with a state university or an institution that is
  456  eligible to participate in the William L. Boyd, IV, Florida
  457  Resident Access Grant Program, that is a nonprofit independent
  458  college or university located and chartered in this state, and
  459  that is accredited by the Commission on Colleges of the Southern
  460  Association of Colleges and Schools to grant baccalaureate
  461  degrees. Such university or institution must meet the
  462  requirements specified under subsections (2) (3) and (3) (4). A
  463  charter school may execute a contract directly with the local
  464  Florida College System institution or another institution as
  465  authorized under this section to establish a structured program
  466  at a mutually agreed upon location.
  467         (5) FUNDING.—
  468         (a)(6) The structured collegiate high school program shall
  469  be funded pursuant to ss. 1007.271 and 1011.62. The State Board
  470  of Education shall enforce compliance with this section by
  471  withholding the transfer of funds for the school districts and
  472  the Florida College System institutions in accordance with s.
  473  1008.32. Annually, by December 31, the State Board of Education
  474  shall enforce compliance with this section by withholding the
  475  transfer of funds for the Florida College System institutions in
  476  accordance with s. 1001.602.
  477         (b) A student who enrolls in the structured program and
  478  successfully completes at least 30 college credit hours during a
  479  school year through the dual enrollment program under s.
  480  1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
  481  student who enrolls in the structured program and successfully
  482  completes an additional 30 college credit hours during a school
  483  year, resulting in at least 60 college credit hours through the
  484  dual enrollment program under s. 1007.271 applicable toward
  485  fulfilling the requirements for an associate in arts degree or
  486  an associate in science degree or a baccalaureate degree
  487  pursuant to the student performance contract under subsection
  488  (3), before graduating from high school, generates an additional
  489  0.5 FTE bonus. Each district school board that is a contractual
  490  partner with a Florida College System institution or other
  491  eligible postsecondary institution shall report to the
  492  commissioner the total FTE bonus for each structured program for
  493  the students from that school district. The total FTE bonus
  494  shall be added to each school district’s total weighted FTE for
  495  funding in the subsequent fiscal year.
  496         (c) For any industry certification a student attains under
  497  this section, the FTE bonus shall be calculated and awarded in
  498  accordance with s. 1011.62(1)(o).
  499         (6) REPORTING REQUIREMENTS.—
  500         (a) By September 1 of each school year, each district
  501  school superintendent shall report to the commissioner, at a
  502  minimum, the following information on each structured program
  503  administered during the prior school year:
  504         1. The number of students in public schools within the
  505  school district who enrolled in the structured program, and the
  506  partnering postsecondary institutions pursuant to subsections
  507  (2) and (4);
  508         2. The total and average number of dual enrollment courses
  509  completed, high school and college credits earned, standard high
  510  school diplomas and associate and baccalaureate degrees awarded,
  511  and the number of industry certifications attained, if any, by
  512  the students who enrolled in the structured program;
  513         3. The projected student enrollment in the structured
  514  program during the next school year; and
  515         4. Any barriers to executing contracts to establish one or
  516  more structured programs.
  517         (b) By November 30 of each school year, the commissioner
  518  must report to the Governor, the President of the Senate, and
  519  the Speaker of the House of Representatives the status of
  520  structured programs, including, at a minimum, a summary of
  521  student enrollment and completion information pursuant to this
  522  subsection; barriers, if any, to establishing such programs; and
  523  recommendations for expanding access to such programs statewide.
  524         Section 5. Paragraph (c) of subsection (3) and subsection
  525  (4) of section 1008.33, Florida Statutes, are amended to read:
  526         1008.33 Authority to enforce public school improvement.—
  527         (3)
  528         (c) The state board shall adopt by rule a differentiated
  529  matrix of intervention and support strategies for assisting
  530  traditional public schools identified under this section and
  531  rules for implementing s. 1002.33(9)(n), relating to charter
  532  schools.
  533         1. The intervention and support strategies must address
  534  efforts to improve student performance through one or more of
  535  the following strategies: and may include
  536         a. Improvement planning;
  537         b. Leadership quality improvement;
  538         c. Educator quality improvement;
  539         d. Professional development;
  540         e. Curriculum review, pacing, and alignment across grade
  541  levels to improve background knowledge in social studies,
  542  science, and the arts; and
  543         f. The use of continuous improvement and monitoring plans
  544  and processes.
  545         2.In addition, The state board may prescribe reporting
  546  requirements to review and monitor the progress of the schools.
  547  The rule must define the intervention and support strategies for
  548  school improvement for schools earning a grade of “D” or “F” and
  549  the roles for the district and department.
  550         (4)(a) The state board shall apply intensive intervention
  551  and support strategies tailored to the needs of schools earning
  552  two consecutive grades of “D” or a grade of “F.” In the first
  553  full school year after a school initially earns two consecutive
  554  grades of “D” or a grade of “F,” the school district must
  555  immediately implement intervention and support strategies
  556  prescribed in rule under paragraph (3)(c) and, by September 1,
  557  provide the department with the memorandum of understanding
  558  negotiated pursuant to s. 1001.42(21) and, by October 1, a
  559  district-managed turnaround plan for approval by the state
  560  board. The district-managed turnaround plan may include a
  561  proposal for the district to implement an extended school day, a
  562  summer program, or a combination of an extended school day and
  563  summer program. Upon approval by the state board, the school
  564  district must implement the plan for the remainder of the school
  565  year and continue the plan for 1 full school year. The state
  566  board may allow a school an additional year of implementation
  567  before the school must implement a turnaround option required
  568  under paragraph (b) if it determines that the school is likely
  569  to improve to a grade of “C” or higher after the first full
  570  school year of implementation.
  571         (b) Unless an additional year of implementation is provided
  572  pursuant to paragraph (a), a school that has completed 2 school
  573  years of a district-managed turnaround plan required under
  574  paragraph (a) and has not improved its school grade to a “C” or
  575  higher, pursuant to s. 1008.34, earns three consecutive grades
  576  below a “C” must implement one of the following options:
  577         1. Reassign students to another school and monitor the
  578  progress of each reassigned student.;
  579         2. Close the school and reopen the school as one or more
  580  charter schools, each with a governing board that has a
  581  demonstrated record of effectiveness. Such charter schools are
  582  eligible for funding from the hope supplemental services
  583  allocation established under s. 1011.62(16).; or
  584         3. Contract with an outside entity that has a demonstrated
  585  record of effectiveness to operate the school. An outside entity
  586  may include:
  587         a. A district-managed charter school in which all
  588  instructional personnel are not employees of the school
  589  district, but are employees of an independent governing board
  590  composed of members who did not participate in the review or
  591  approval of the charter. A district-managed charter school is
  592  eligible for funding from the hope supplemental services
  593  allocation established in s. 1011.62(16); or
  594         b. A hope operator that submits to a school district a
  595  notice of intent of a performance-based agreement pursuant to s.
  596  1002.333. A school of hope established pursuant to this sub
  597  subparagraph is eligible for funding from the hope supplemental
  598  services allocation for up to 5 years, beginning in the school
  599  year in which the school of hope is established, if the school
  600  of hope:
  601         (I) Is established at the district-owned facilities of the
  602  persistently low-performing school;
  603         (II) Gives priority enrollment to students who are enrolled
  604  in, or are eligible to attend and are living in the attendance
  605  area of, the persistently low-performing school that the school
  606  of hope operates, consistent with the enrollment lottery
  607  exemption provided under s. 1002.333(5)(c); and
  608         (III) Meets the requirements of its performance-based
  609  agreement pursuant to s. 1002.333.
  610         4. Implement a franchise model school in which a highly
  611  effective principal, pursuant to s. 1012.34, leads the
  612  persistently low-performing school in addition to the
  613  principal’s currently assigned school. The franchise model
  614  school principal may allocate resources and personnel between
  615  the schools he or she leads. The persistently low-performing
  616  school is eligible for funding from the hope supplemental
  617  services allocation established under s. 1011.62(16).
  618         (c) Implementation of the turnaround option is no longer
  619  required if the school improves to a grade of “C” or higher.
  620         (d) If a school earning two consecutive grades of “D” or a
  621  grade of “F” does not improve to a grade of “C” or higher after
  622  2 full school years of implementing the turnaround option
  623  selected by the school district under paragraph (b), the school
  624  district must implement another turnaround option.
  625  Implementation of the turnaround option must begin the school
  626  year following the implementation period of the existing
  627  turnaround option, unless the state board determines that the
  628  school is likely to improve to a grade of “C” or higher if
  629  additional time is provided to implement the existing turnaround
  630  option.
  631         Section 6. Present subsections (16) and (17) of section
  632  1011.62, Florida Statutes, are redesignated as subsections (18)
  633  and (19), respectively, new subsections (16) and (17) are added
  634  to that section, and paragraph (a) of subsection (4) and
  635  subsection (14) of that section are amended, to read:
  636         1011.62 Funds for operation of schools.—If the annual
  637  allocation from the Florida Education Finance Program to each
  638  district for operation of schools is not determined in the
  639  annual appropriations act or the substantive bill implementing
  640  the annual appropriations act, it shall be determined as
  641  follows:
  643  Legislature shall prescribe the aggregate required local effort
  644  for all school districts collectively as an item in the General
  645  Appropriations Act for each fiscal year. The amount that each
  646  district shall provide annually toward the cost of the Florida
  647  Education Finance Program for kindergarten through grade 12
  648  programs shall be calculated as follows:
  649         (a) Estimated taxable value calculations.—
  650         1.a. Not later than 2 working days before July 19, the
  651  Department of Revenue shall certify to the Commissioner of
  652  Education its most recent estimate of the taxable value for
  653  school purposes in each school district and the total for all
  654  school districts in the state for the current calendar year
  655  based on the latest available data obtained from the local
  656  property appraisers. The value certified shall be the taxable
  657  value for school purposes for that year, and no further
  658  adjustments shall be made, except those made pursuant to
  659  paragraphs (c) and (d), or an assessment roll change required by
  660  final judicial decisions as specified in paragraph (18)(b)
  661  (16)(b). Not later than July 19, the Commissioner of Education
  662  shall compute a millage rate, rounded to the next highest one
  663  one-thousandth of a mill, which, when applied to 96 percent of
  664  the estimated state total taxable value for school purposes,
  665  would generate the prescribed aggregate required local effort
  666  for that year for all districts. The Commissioner of Education
  667  shall certify to each district school board the millage rate,
  668  computed as prescribed in this subparagraph, as the minimum
  669  millage rate necessary to provide the district required local
  670  effort for that year.
  671         b. The General Appropriations Act shall direct the
  672  computation of the statewide adjusted aggregate amount for
  673  required local effort for all school districts collectively from
  674  ad valorem taxes to ensure that no school district’s revenue
  675  from required local effort millage will produce more than 90
  676  percent of the district’s total Florida Education Finance
  677  Program calculation as calculated and adopted by the
  678  Legislature, and the adjustment of the required local effort
  679  millage rate of each district that produces more than 90 percent
  680  of its total Florida Education Finance Program entitlement to a
  681  level that will produce only 90 percent of its total Florida
  682  Education Finance Program entitlement in the July calculation.
  683         2. On the same date as the certification in sub
  684  subparagraph 1.a., the Department of Revenue shall certify to
  685  the Commissioner of Education for each district:
  686         a. Each year for which the property appraiser has certified
  687  the taxable value pursuant to s. 193.122(2) or (3), if
  688  applicable, since the prior certification under sub-subparagraph
  689  1.a.
  690         b. For each year identified in sub-subparagraph a., the
  691  taxable value certified by the appraiser pursuant to s.
  692  193.122(2) or (3), if applicable, since the prior certification
  693  under sub-subparagraph 1.a. This is the certification that
  694  reflects all final administrative actions of the value
  695  adjustment board.
  696         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  697  annually in the General Appropriations Act determine a
  698  percentage increase in funds per K-12 unweighted FTE as a
  699  minimum guarantee to each school district. The guarantee shall
  700  be calculated from prior year base funding per unweighted FTE
  701  student which shall include the adjusted FTE dollars as provided
  702  in subsection (18) (16), quality guarantee funds, and actual
  703  nonvoted discretionary local effort from taxes. From the base
  704  funding per unweighted FTE, the increase shall be calculated for
  705  the current year. The current year funds from which the
  706  guarantee shall be determined shall include the adjusted FTE
  707  dollars as provided in subsection (18) (16) and potential
  708  nonvoted discretionary local effort from taxes. A comparison of
  709  current year funds per unweighted FTE to prior year funds per
  710  unweighted FTE shall be computed. For those school districts
  711  which have less than the legislatively assigned percentage
  712  increase, funds shall be provided to guarantee the assigned
  713  percentage increase in funds per unweighted FTE student. Should
  714  appropriated funds be less than the sum of this calculated
  715  amount for all districts, the commissioner shall prorate each
  716  district’s allocation. This provision shall be implemented to
  717  the extent specifically funded.
  719  supplemental services allocation is created to provide district
  720  managed turnaround schools, as required under s. 1008.33(4)(a),
  721  charter schools authorized under s. 1008.33(4)(b)2., district
  722  managed charter schools authorized under s. 1008.33(4)(b)3.a.,
  723  schools of hope authorized under s. 1008.33(4)(b)3.b., and
  724  franchise model schools as authorized under s. 1008.33(4)(b)4.,
  725  with funds to offer services designed to improve the overall
  726  academic and community welfare of the schools’ students and
  727  their families.
  728         (a) Services funded by the allocation may include, but are
  729  not limited to, tutorial and after-school programs, student
  730  counseling, nutrition education, and parental counseling. In
  731  addition, services may also include models that develop a
  732  culture that encourages students to complete high school and to
  733  attend college or career training, set high academic
  734  expectations, inspire character development, and include an
  735  extended school day and school year.
  736         (b) Prior to distribution of the allocation, a school
  737  district, for a district turnaround school and persistently low
  738  performing schools that use a franchise model; a hope operator,
  739  for a school of hope; or the charter school governing board for
  740  a charter school, as applicable, shall develop and submit a plan
  741  for implementation to its respective governing body for approval
  742  no later than August 1 of the fiscal year.
  743         (c) At a minimum, the plans required under paragraph (b)
  744  must:
  745         1. Establish comprehensive support services that develop
  746  family and community partnerships;
  747         2. Establish clearly defined and measurable high academic
  748  and character standards;
  749         3. Increase parental involvement and engagement in the
  750  child’s education;
  751         4. Describe how instructional personnel will be identified,
  752  recruited, retained, and rewarded;
  753         5. Provide professional development that focuses on
  754  academic rigor, direct instruction, and creating high academic
  755  and character standards; and
  756         6. Provide focused instruction to improve student academic
  757  proficiency, which may include additional instruction time
  758  beyond the normal school day or school year.
  759         (d) Each school district and hope operator shall submit
  760  approved plans to the commissioner by September 1 of each fiscal
  761  year.
  762         (e) For the 2018-2019 fiscal year, a school that is
  763  selected to receive funding in the 2017-2018 fiscal year
  764  pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
  765  district-managed turnaround school required under s.
  766  1008.33(4)(a), charter school authorized under s.
  767  1008.33(4)(b)2., district-managed charter school authorized
  768  under s. 1008.33(4)(b)3.a., school of hope authorized under s.
  769  1008.33(4)(b)3.b., and franchise model school authorized under
  770  s. 1008.33(4)(b)4. are eligible for the remaining funds based on
  771  the school’s unweighted FTE, up to $2,000 per FTE or as provided
  772  in the General Appropriations Act.
  773         (f) For the 2019-2020 fiscal year and thereafter, each
  774  school district’s allocation shall be based on the unweighted
  775  FTE student enrollment at the eligible schools and a per-FTE
  776  funding amount of up to $2,000 per FTE or as provided in the
  777  General Appropriations Act. If the calculated funds for
  778  unweighted FTE student enrollment at the eligible schools exceed
  779  the per-FTE funds appropriated, the allocation of funds to each
  780  school district must be prorated based on each school district’s
  781  share of the total unweighted FTE student enrollment for the
  782  eligible schools.
  783         (17)MENTAL HEALTH ASSISTANCE ALLOCATION.The mental health
  784  assistance allocation is created to provide supplemental funding
  785  to assist school districts in establishing or expanding
  786  comprehensive school-based mental health programs that increase
  787  awareness of mental health issues among children and school-age
  788  youth; train educators and other school staff in detecting and
  789  responding to mental health issues; and connect children, youth,
  790  and families who may experience behavioral health issues with
  791  appropriate services. These funds may be allocated annually in
  792  the General Appropriations Act to each eligible school district
  793  and developmental research school based on each entity’s
  794  proportionate share of Florida Education Finance Program base
  795  funding. The district funding allocation must include a minimum
  796  amount as specified in the General Appropriations Act. Upon
  797  submission and approval of a plan that includes the elements
  798  specified in paragraph (b), charter schools are also entitled to
  799  a proportionate share of district funding for this program. The
  800  allocated funds may not supplant funds that are provided for
  801  this purpose from other operating funds and may not be used to
  802  increase salaries or provide bonuses.
  803         (a)Prior to the distribution of the allocation:
  804         1. The district must annually develop and submit a detailed
  805  plan outlining the local program and planned expenditures to the
  806  district school board for approval.
  807         2. A charter school must annually develop and submit a
  808  detailed plan outlining the local program and planned
  809  expenditures of the funds in the plan to its governing body for
  810  approval. After the plan is approved by the governing body, it
  811  must be provided to its school district for submission to the
  812  commissioner.
  813         (b) The plans required under paragraph (a) must include, at
  814  a minimum, all of the following elements:
  815         1. A collaborative effort or partnership between the school
  816  district and at least one local community program or agency
  817  involved in mental health to provide or to improve prevention,
  818  diagnosis, and treatment services for students;
  819         2. Programs to assist students in dealing with bullying,
  820  trauma, and violence;
  821         3. Strategies or programs to reduce the likelihood of at
  822  risk students developing social, emotional, or behavioral health
  823  problems or substance use disorders;
  824         4. Strategies to improve the early identification of
  825  social, emotional, or behavioral problems or substance use
  826  disorders and to improve the provision of early intervention
  827  services;
  828         5. Strategies to enhance the availability of school-based
  829  crisis intervention services and appropriate referrals for
  830  students in need of mental health services; and
  831         6. Training opportunities for school personnel in the
  832  techniques and supports needed to identify students who have
  833  trauma histories and who have or are at risk of having a mental
  834  illness, and in the use of referral mechanisms that effectively
  835  link such students to appropriate treatment and intervention
  836  services in the school and in the community.
  837         (c)The districts shall submit approved plans to the
  838  commissioner by August 1 of each fiscal year.
  839         (d) Beginning September 30, 2019, and by each September 30
  840  thereafter, each entity that receives an allocation under this
  841  subsection shall submit to the commissioner in a format
  842  prescribed by the department a final report on its program
  843  outcomes and its expenditures for each element of the program.
  844         Section 7. Subsection (5) of section 1011.71, Florida
  845  Statutes, is amended to read:
  846         1011.71 District school tax.—
  847         (5) Effective July 1, 2008, A school district may expend,
  848  subject to the provisions of s. 200.065, up to $150 $100 per
  849  unweighted full-time equivalent student from the revenue
  850  generated by the millage levy authorized by subsection (2) to
  851  fund, in addition to expenditures authorized in paragraphs
  852  (2)(a)-(j), expenses for the following:
  853         (a) The purchase, lease-purchase, or lease of driver’s
  854  education vehicles; motor vehicles used for the maintenance or
  855  operation of plants and equipment; security vehicles; or
  856  vehicles used in storing or distributing materials and
  857  equipment.
  858         (b) Payment of the cost of premiums, as defined in s.
  859  627.403, for property and casualty insurance necessary to insure
  860  school district educational and ancillary plants. As used in
  861  this paragraph, casualty insurance has the same meaning as in s.
  862  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
  863  are made available through the payment of property and casualty
  864  insurance premiums from revenues generated under this subsection
  865  may be expended only for nonrecurring operational expenditures
  866  of the school district.
  867         Section 8. Subsections (2), (3), and (4) of section
  868  1012.732, Florida Statutes, are amended to read:
  869         1012.732 The Florida Best and Brightest Principal
  870  Scholarship Program.—
  871         (2) There is created the Florida Best and Brightest
  872  Principal Scholarship Program to be administered by the
  873  Department of Education. The program shall provide categorical
  874  funding for scholarships to be awarded to school principals, as
  875  defined in s. 1012.01(3)(c)1., who are serving as a franchise
  876  model school principal or who have recruited and retained a high
  877  percentage of best and brightest teachers.
  878         (3)(a) A school principal identified pursuant to s.
  879  1012.731(4)(c) is eligible to receive a scholarship under this
  880  section if he or she has served as school principal at his or
  881  her school for at least 2 consecutive school years including the
  882  current school year and his or her school has a ratio of best
  883  and brightest teachers to other classroom teachers that is at
  884  the 80th percentile or higher for schools within the same grade
  885  group, statewide, including elementary schools, middle schools,
  886  high schools, and schools with a combination of grade levels.
  887         (b) A principal of a franchise model school, as defined in
  888  s. 1002.334, is eligible to receive a scholarship under this
  889  section.
  890         (4) Annually, by February 1, the department shall identify
  891  eligible school principals and disburse funds to each school
  892  district for each eligible school principal to receive a
  893  scholarship.
  894         (a) A scholarship of $10,000 $5,000 must be awarded to each
  895  franchise model school principal who is every eligible under
  896  paragraph (3)(b) of this section.
  897         (b)A scholarship of $5,000 must be awarded to each school
  898  principal assigned to a Title I school and a scholarship of
  899  $4,000 to each every eligible school principal who is not
  900  assigned to a Title I school and who is eligible under paragraph
  901  (3)(a).
  902         Section 9. Paragraph (b) of subsection (1) and subsection
  903  (3) of section 1013.62, Florida Statutes, are amended to read:
  904         1013.62 Charter schools capital outlay funding.—
  905         (1) Charter school capital outlay funding shall consist of
  906  revenue resulting from the discretionary millage authorized in
  907  s. 1011.71(2) and state funds when such funds are appropriated
  908  in the General Appropriations Act.
  909         (b) A charter school is not eligible to receive capital
  910  outlay funds if:
  911         1. It was created by the conversion of a public school and
  912  operates in facilities provided by the charter school’s sponsor
  913  for a nominal fee, or at no charge, or if it is directly or
  914  indirectly operated by the school district; or.
  915         2.The chair of the governing board and the chief
  916  administrative officer of the charter school do not annually
  917  certify under oath that the funds will be used solely and
  918  exclusively for constructing, renovating, or improving charter
  919  school facilities that are:
  920         a. Owned by a school district, a political subdivision of
  921  the state, a municipality, a Florida College System institution,
  922  or a state university; or
  923         b. Owned by an organization that is qualified as an exempt
  924  organization under s. 501(c)(3) of the Internal Revenue Code
  925  whose articles of incorporation specify that, upon the
  926  organization’s dissolution, the subject property will be
  927  transferred to a school district, a political subdivision of the
  928  state, a municipality, a Florida College System institution, or
  929  a state university.
  930         (3) If the school board levies the discretionary millage
  931  authorized in s. 1011.71(2), the department shall use the
  932  following calculation methodology to determine the amount of
  933  revenue that a school district must distribute to each eligible
  934  charter school:
  935         (a) Reduce the total discretionary millage revenue by the
  936  school district’s annual debt service obligation incurred as of
  937  March 1, 2017, and any amount of participation requirement
  938  pursuant to s. 1013.64(2)(a)8. that is being satisfied by
  939  revenues raised by the discretionary millage.
  940         (b) Divide the school district’s adjusted discretionary
  941  millage revenue by the district’s total capital outlay full-time
  942  equivalent membership and the total number of unweighted full
  943  time equivalent students of each eligible charter school to
  944  determine a capital outlay allocation per full-time equivalent
  945  student.
  946         (c) Multiply the capital outlay allocation per full-time
  947  equivalent student by the total number of full-time equivalent
  948  students for all of each eligible charter schools within the
  949  district school to determine the total charter school capital
  950  outlay allocation for each district charter school.
  951         (d) If applicable, reduce the capital outlay allocation
  952  identified in paragraph (c) by the total amount of state funds
  953  allocated pursuant to subsection (2) to all each eligible
  954  charter schools within a district school in subsection (2) to
  955  determine the net total maximum calculated capital outlay
  956  allocation from local funds. If state funds are not allocated
  957  pursuant to subsection (2), the amount determined in paragraph
  958  (c) is equal to the net total calculated capital outlay
  959  allocation from local funds for each district.
  960         (e) For each charter school within each district, the net
  961  capital outlay amount from local funds shall be calculated in
  962  the same manner as the state funds in paragraphs (2)(a)-(d),
  963  except that the base charter school per weighted FTE allocation
  964  amount shall be determined by dividing the net total capital
  965  outlay amount from local funds by the total weighted FTE for all
  966  eligible charter schools within the district. The per weighted
  967  FTE allocation amount from local funds shall be multiplied by
  968  the weighted FTE for each charter school to determine each
  969  charter school’s capital outlay allocation from local funds.
  970         (f)(e) School districts shall distribute capital outlay
  971  funds to charter schools no later than February 1 of each year,
  972  beginning on February 1, 2018, for the 2017-2018 fiscal year.
  973         Section 10. This act shall take effect July 1, 2018.