Florida Senate - 2021                                    SB 1184
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-01007-21                                            20211184__
    1                        A bill to be entitled                      
    2         An act relating to Schools of Innovation; creating s.
    3         1002.355, F.S.; establishing Schools of Innovation;
    4         providing a purpose; defining terms; authorizing a
    5         school district to apply to the Commissioner of
    6         Education to designate a public school as a School of
    7         Innovation; specifying information the application
    8         must contain; requiring the commissioner to recommend
    9         approval, rejection, or resubmission of the
   10         application to the State Board of Education within a
   11         certain timeframe; requiring the state board to
   12         accept, reject, or request resubmission of the
   13         application within a certain timeframe; requiring the
   14         state board’s decision to be in writing and, if
   15         rejecting or requesting resubmission, to state the
   16         reasons for such decision; providing that the state
   17         board’s decision is final action and subject to
   18         judicial review; requiring a school participating in
   19         the Competency-Based Education Pilot Program during a
   20         certain year to resubmit its pilot program application
   21         to be designated a School of Innovation; requiring the
   22         state board to adopt rules; providing the initial term
   23         of duration for Schools of Innovation; authorizing
   24         district school boards to approve subsequent terms for
   25         schools that meet certain requirements; requiring
   26         district school boards to evaluate Schools of
   27         Innovation using an evaluation plan developed by the
   28         department; providing for revocation of a school’s
   29         designation as a School of Innovation; requiring a
   30         district school board to accept or reject within a
   31         certain timeframe a recommendation to revoke a
   32         school’s designation from the department; providing
   33         that a district school board’s rejection of the
   34         department’s recommendation is final action subject to
   35         judicial review; authorizing a School of Innovation to
   36         request the state board to waive rules or the district
   37         school board to waive policies; requiring the state
   38         board or district school board to accept or deny such
   39         request within a certain timeframe; prohibiting a
   40         School of Innovation from requesting a waiver of
   41         participation in statewide assessments or state or
   42         federal accountability requirements; specifying the
   43         duration of a granted waiver; requiring the department
   44         to establish a statewide innovation network; providing
   45         the purposes of the network; requiring the department
   46         to provide technical assistance and support to the
   47         network; prohibiting a student who transfers from a
   48         School of Innovation to another school in this state
   49         which is not designated as such from being penalized
   50         in specified manners; requiring the state board and
   51         the Board of Governors to establish certain policies;
   52         specifying duties of the department; requiring the
   53         department to deliver an annual report containing
   54         certain information to the Governor and the
   55         Legislature by a specified date; requiring the
   56         department to adopt rules; amending s. 1003.437, F.S.;
   57         authorizing a School of Innovation to use an
   58         alternative to letter grades; requiring a School of
   59         Innovation that adopts an alternative to letter grades
   60         to continue to calculate a student’s grade point
   61         average on a 4-point scale; amending s. 1011.61, F.S.;
   62         requiring the department to determine and implement an
   63         equitable method of equivalent funding for Schools of
   64         Innovation; amending s. 1011.62, F.S.; requiring a
   65         school district to earn additional FTE for specified
   66         students; providing for the calculation of the
   67         additional FTE; providing an effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Section 1002.355, Florida Statutes, is created
   72  to read:
   73         1002.355 Schools of Innovation.—
   74         (1) PURPOSE.—Schools of Innovation are established to
   75  encourage innovation and creativity by providing public schools
   76  greater control and flexibility to meet the needs of students
   77  and communities, improve student achievement, and enhance
   78  academic opportunities.
   79         (2) DEFINITIONS.—As used in this section, the term:
   80         (a) “Innovation” means a new or creative alternative to
   81  existing instructional and administrative practices which is
   82  intended to improve learning and enhance academic opportunities
   83  for all students.
   84         (b)“Learner-validated measure” means full-credit course
   85  completion, the percentage of competencies, standards, or
   86  assignments in a course which a student has successfully
   87  completed, or any other objective and verifiable measure of
   88  student learning.
   89         (c) “Learner-validated program” means a program in which
   90  instruction includes an element of student-centered learning
   91  over time, place, path, or pace through:
   92         1. Online learning in which students receive educational
   93  services primarily over the Internet;
   94         2. Blended learning in which a student learns through an
   95  integrated experience that is in part through online learning;
   96  or
   97         3. Competency-based learning designed to accomplish a
   98  predetermined curricular objective, set of objectives, or set of
   99  competencies.
  100         (3) APPLICATION PROCESS.—
  101         (a) A school district may submit to the Commissioner of
  102  Education an application to designate a school as a School of
  103  Innovation which shall include all of the following information:
  104         1. A statement of the school’s mission and a description of
  105  how designation as a School of Innovation would enhance the
  106  school’s ability to achieve its mission.
  107         2. An innovation plan describing the practices and learner
  108  validated programs the school will implement along with a plan
  109  for implementation.
  110         3. The school district program, policies, or operations
  111  that the school will change to successfully implement innovative
  112  practices.
  113         4. A detailed implementation timeline that may not exceed 5
  114  years.
  115         5. A detailed description of the learner-validated measures
  116  to be used for substitution of net instructional hours under s.
  117  1011.61.
  118         6. A resolution adopted by the district school board
  119  showing approval of the innovation plan, the anticipated
  120  timeline for implementation, and the resources and support that
  121  the district school board will provide, including any
  122  flexibility given from local policies and procedures.
  123         7. Documentation to show meaningful parental, educator, and
  124  community engagement and capacity for the changes identified in
  125  the innovation plan.
  126         8. The formative, benchmark, and summative assessments that
  127  will be used to monitor student progress and outcomes.
  128         9. A description of goals, performance indicators,
  129  implementation milestones, and expected outcomes.
  130         10. Long-term community outreach and stakeholder
  131  communication plans.
  132         (b)1. Within 60 days after receiving a School of Innovation
  133  application, the commissioner shall submit a written
  134  recommendation to the state board to accept, reject, or request
  135  resubmission of an application with additional information.
  136         2. Within 30 days after receiving the commissioner’s
  137  recommendation, the state board shall by majority vote accept,
  138  reject, or request resubmission of an application with
  139  additional information. The state board’s decision must be in
  140  writing and state the reasons for any application denial or
  141  request for resubmission.
  142         3. The state board’s decision is a final action subject to
  143  judicial review in the district court of appeal.
  144         (c) A school that participated in the Competency-Based
  145  Education Pilot Program during the 2020-2021 school year shall
  146  update and resubmit its pilot program application for review by
  147  the commissioner to be designated as a School of Innovation for
  148  the 2021-2022 school year.
  149         (d) The state board shall adopt rules to implement this
  150  subsection, including creating an evaluation instrument for
  151  evaluating applications.
  152         (4) TERMS.—
  153         (a) The initial term of a School of Innovation shall be 5
  154  years. The district school board may approve additional 5-year
  155  terms if the School of Innovation has complied with procedures
  156  determined by the district school board for renewal, including
  157  satisfying performance evaluations.
  158         (b) District school boards shall evaluate Schools of
  159  Innovation using an evaluation plan developed by the department.
  160         (c)1. A district school board may revoke a school’s
  161  designation as a School of Innovation if the school fails to
  162  meet goals, performance indicators, evaluations, or
  163  implementation milestones.
  164         2.a. The department may recommend that a district school
  165  board revoke a school’s designation as a School of Innovation if
  166  the school fails to meet goals, performance indicators,
  167  evaluations, or implementation milestones. The district school
  168  board shall accept or reject the recommendation in writing
  169  within 30 days after receiving the recommendation.
  170         b. A district school board’s rejection of the department’s
  171  recommendation is final action subject to judicial review in the
  172  district court of appeal.
  173         (5) POLICY FLEXIBILITY.—
  174         (a) A School of Innovation may request the state board to
  175  use its authority to waive rules pursuant to s. 1001.10(3) or
  176  the district school board to waive policies pursuant to s.
  177  1001.42(19)(b). The state board or district school board shall
  178  accept or deny any such request within 30 days after receipt of
  179  the request.
  180         (b) A School of Innovation may not request waiver of
  181  participation in statewide assessments or state or federal
  182  accountability requirements.
  183         (c) A waiver granted pursuant to this section shall remain
  184  in effect for as long as a school is designated a School of
  185  Innovation.
  186         (6) INNOVATION NETWORK.—
  187         (a) The department shall establish a statewide innovation
  188  network to provide support for Schools of Innovation.
  189         (b) The purposes of the network are to:
  190         1. Increase statewide knowledge and understanding of
  191  Schools of Innovation;
  192         2. Provide opportunities for Schools of Innovation to
  193  collaborate and share resources and lessons learned;
  194         3. Develop information, materials, and other applicable
  195  resources for use across this state; and
  196         4. Identify data and metrics to be used to evaluate
  197  success, progress, and growth.
  198         (c) The department shall provide technical assistance and
  199  support to the network, which may include contracts with a
  200  third-party provider.
  201         (7) STUDENT PROTECTIONS.—
  202         (a) A student who transfers from a School of Innovation to
  203  another school in this state not designated as a School of
  204  Innovation may not be penalized by being required to repeat
  205  course work or content that the student has already demonstrated
  206  mastery of, by changing the student’s grades, or in any other
  207  manner relating to the student’s previous attendance in a School
  208  of Innovation.
  209         (b) The state board and the Board of Governors shall
  210  establish policies that ensure fair and equitable access for
  211  School of Innovation student admission into postsecondary
  212  institutions and eligibility for scholarship and financial aid.
  213         (8) DUTIES OF THE DEPARTMENT.—
  214         (a) The department shall develop and publish an evaluation
  215  plan to measure the progress of Schools of Innovation. The
  216  evaluation plan must include all of the following information:
  217         1. Methods to evaluate student engagement, instructional
  218  practices, performance on formative, benchmark, and statewide
  219  assessments, and student secondary and postsecondary success.
  220         2. Timelines for when any required reports must be
  221  produced.
  222         3. Persons or entities who may conduct evaluations.
  223         4. Data required from schools.
  224         (b) The department shall publish communication guidelines
  225  for Schools of Innovation for interacting with parents,
  226  teachers, and the community.
  227         (c) The department may assign staff to assist with the
  228  statewide innovation network.
  229         (d) The department shall deliver an annual report to the
  230  Governor, the President of the Senate, and the Speaker of the
  231  House of Representatives beginning July 1, 2022, and each
  232  subsequent July 1 each year which summarizes progress towards
  233  implementing Schools of Innovation. The annual report must
  234  include any waiver requests granted by a district school board
  235  or the department as well as any department policy
  236  recommendations.
  237         (e) The department shall adopt rules to implement this
  238  section unless otherwise provided.
  239         Section 2. Section 1003.437, Florida Statutes, is amended
  240  to read:
  241         1003.437 Middle and high school grading system.—
  242         (1) The grading system and interpretation of letter grades
  243  used to measure student success in grade 6 through grade 12
  244  courses for students in public schools shall be as follows:
  245         (a)(1) Grade “A” equals 90 percent through 100 percent, has
  246  a grade point average value of 4, and is defined as “outstanding
  247  progress.”
  248         (b)(2) Grade “B” equals 80 percent through 89 percent, has
  249  a grade point average value of 3, and is defined as “above
  250  average progress.”
  251         (c)(3) Grade “C” equals 70 percent through 79 percent, has
  252  a grade point average value of 2, and is defined as “average
  253  progress.”
  254         (d)(4) Grade “D” equals 60 percent through 69 percent, has
  255  a grade point average value of 1, and is defined as “lowest
  256  acceptable progress.”
  257         (e)(5) Grade “F” equals zero percent through 59 percent,
  258  has a grade point average value of zero, and is defined as
  259  “failure.”
  260         (f)(6) Grade “I” equals zero percent, has a grade point
  261  average value of zero, and is defined as “incomplete.”
  262  
  263  For the purposes of class ranking, district school boards may
  264  exercise a weighted grading system pursuant to s. 1007.271.
  265         (2) Schools of Innovation designated under s. 1002.355 may
  266  use an alternative to letter grades to measure student success
  267  in grade 6 through grade 12 courses. If a School of Innovation
  268  uses an alternative to letter grades, it must continue to
  269  calculate a student’s grade point average using the 4-point
  270  scale under subsection (1).
  271         Section 3. Subsection (1) of section 1011.61, Florida
  272  Statutes, is amended to read:
  273         1011.61 Definitions.—Notwithstanding the provisions of s.
  274  1000.21, the following terms are defined as follows for the
  275  purposes of the Florida Education Finance Program:
  276         (1) A “full-time equivalent student” in each program of the
  277  district is defined in terms of full-time students and part-time
  278  students as follows:
  279         (a) A “full-time student” is one student on the membership
  280  roll of one school program or a combination of school programs
  281  listed in s. 1011.62(1)(c) for the school year or the equivalent
  282  for:
  283         1. Instruction in a standard school, comprising not less
  284  than 900 net hours for a student in or at the grade level of 4
  285  through 12, or not less than 720 net hours for a student in or
  286  at the grade level of kindergarten through grade 3 or in an
  287  authorized prekindergarten exceptional program; or
  288         2. Instruction comprising the appropriate number of net
  289  hours set forth in subparagraph 1. for students who, within the
  290  past year, have moved with their parents for the purpose of
  291  engaging in the farm labor or fish industries, if a plan
  292  furnishing such an extended school day or week, or a combination
  293  thereof, has been approved by the commissioner. Such plan may be
  294  approved to accommodate the needs of migrant students only or
  295  may serve all students in schools having a high percentage of
  296  migrant students. The plan described in this subparagraph is
  297  optional for any school district and is not mandated by the
  298  state.
  299         (b) A “part-time student” is a student on the active
  300  membership roll of a school program or combination of school
  301  programs listed in s. 1011.62(1)(c) who is less than a full-time
  302  student. A student who receives instruction in a school that
  303  operates for less than the minimum term shall generate full-time
  304  equivalent student membership proportional to the amount of
  305  instructional hours provided by the school divided by the
  306  minimum term requirement as provided in s. 1011.60(2).
  307         (c)1. A “full-time equivalent student” is:
  308         a. A full-time student in any one of the programs listed in
  309  s. 1011.62(1)(c); or
  310         b. A combination of full-time or part-time students in any
  311  one of the programs listed in s. 1011.62(1)(c) which is the
  312  equivalent of one full-time student based on the following
  313  calculations:
  314         (I) A full-time student in a combination of programs listed
  315  in s. 1011.62(1)(c) shall be a fraction of a full-time
  316  equivalent membership in each special program equal to the
  317  number of net hours per school year for which he or she is a
  318  member, divided by the appropriate number of hours set forth in
  319  subparagraph (a)1. The difference between that fraction or sum
  320  of fractions and the maximum value as set forth in subsection
  321  (4) for each full-time student is presumed to be the balance of
  322  the student’s time not spent in a special program and shall be
  323  recorded as time in the appropriate basic program.
  324         (II) A prekindergarten student with a disability shall meet
  325  the requirements specified for kindergarten students.
  326         (III) A full-time equivalent student for students in
  327  kindergarten through grade 12 in a full-time virtual instruction
  328  program under s. 1002.45 or a virtual charter school under s.
  329  1002.33 shall consist of six full-credit completions or the
  330  prescribed level of content that counts toward promotion to the
  331  next grade in programs listed in s. 1011.62(1)(c). Credit
  332  completions may be a combination of full-credit courses or half
  333  credit courses.
  334         (IV) A full-time equivalent student for students in
  335  kindergarten through grade 12 in a part-time virtual instruction
  336  program under s. 1002.45 shall consist of six full-credit
  337  completions in programs listed in s. 1011.62(1)(c)1. and 3.
  338  Credit completions may be a combination of full-credit courses
  339  or half-credit courses.
  340         (V) A Florida Virtual School full-time equivalent student
  341  shall consist of six full-credit completions or the prescribed
  342  level of content that counts toward promotion to the next grade
  343  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
  344  participating in kindergarten through grade 12 part-time virtual
  345  instruction and the programs listed in s. 1011.62(1)(c) for
  346  students participating in kindergarten through grade 12 full
  347  time virtual instruction. Credit completions may be a
  348  combination of full-credit courses or half-credit courses.
  349         (VI) Each successfully completed full-credit course earned
  350  through an online course delivered by a district other than the
  351  one in which the student resides shall be calculated as 1/6 FTE.
  352         (VII) A full-time equivalent student for courses requiring
  353  passage of a statewide, standardized end-of-course assessment
  354  under s. 1003.4282 to earn a standard high school diploma shall
  355  be defined and reported based on the number of instructional
  356  hours as provided in this subsection.
  357         (VIII) For students enrolled in a school district as a
  358  full-time student, the district may report 1/6 FTE for each
  359  student who passes a statewide, standardized end-of-course
  360  assessment without being enrolled in the corresponding course.
  361         2. A student in membership in a program scheduled for more
  362  or less than 180 school days or the equivalent on an hourly
  363  basis as specified by rules of the State Board of Education is a
  364  fraction of a full-time equivalent membership equal to the
  365  number of instructional hours in membership divided by the
  366  appropriate number of hours set forth in subparagraph (a)1.;
  367  however, for the purposes of this subparagraph, membership in
  368  programs scheduled for more than 180 days is limited to students
  369  enrolled in:
  370         a. Juvenile justice education programs.
  371         b. The Florida Virtual School.
  372         c. Virtual instruction programs and virtual charter schools
  373  for the purpose of course completion and credit recovery
  374  pursuant to ss. 1002.45 and 1003.498. Course completion applies
  375  only to a student who is reported during the second or third
  376  membership surveys and who does not complete a virtual education
  377  course by the end of the regular school year. The course must be
  378  completed no later than the deadline for amending the final
  379  student enrollment survey for that year. Credit recovery applies
  380  only to a student who has unsuccessfully completed a traditional
  381  or virtual education course during the regular school year and
  382  must retake the course in order to be eligible to graduate with
  383  the student’s class.
  384  
  385  The full-time equivalent student enrollment calculated under
  386  this subsection is subject to the requirements in subsection
  387  (4).
  388  
  389  The department shall determine and implement an equitable method
  390  of equivalent funding for schools operating under emergency
  391  conditions, which schools have been approved by the department
  392  to operate for less than the minimum term as provided in s.
  393  1011.60(2), and for Schools of Innovation under s. 1002.355.
  394         Section 4. Present paragraphs (q) through (t) of subsection
  395  (1) of section 1011.62, Florida Statutes, are redesignated as
  396  paragraphs (r) through (u), respectively, and a new paragraph
  397  (q) is added to that subsection, to read:
  398         1011.62 Funds for operation of schools.—If the annual
  399  allocation from the Florida Education Finance Program to each
  400  district for operation of schools is not determined in the
  401  annual appropriations act or the substantive bill implementing
  402  the annual appropriations act, it shall be determined as
  403  follows:
  404         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  405  OPERATION.—The following procedure shall be followed in
  406  determining the annual allocation to each district for
  407  operation:
  408         (q) A school district shall earn additional FTE for each
  409  student eligible for a free or reduced price lunch from the
  410  National School Lunch Program calculated by each eligible
  411  student’s percentage of a learner-validated measure earned
  412  multiplied by the fraction of a FTE represented by the course.
  413         Section 5. This act shall take effect July 1, 2021.