Florida Senate - 2022 SB 698
By Senator Cruz
18-00107-22 2022698__
1 A bill to be entitled
2 An act relating to standard high school diploma award
3 requirements; amending s. 1002.3105, F.S.; adding a
4 new requirement for the award of a standard high
5 school diploma to Academically Challenging Curriculum
6 to Enhance Learning students; amending s. 1003.4282,
7 F.S.; requiring students, beginning with those
8 entering grade 9 in a specified school year, to submit
9 a Free Application for Federal Student Aid in order to
10 be awarded a standard high school diploma; providing
11 an exemption; amending s. 1003.5716, F.S.; conforming
12 cross-references; reenacting s. 1003.03(3)(c), F.S.,
13 relating to maximum class size, to incorporate the
14 amendment made to s. 1002.3105, F.S., in a reference
15 thereto; reenacting ss. 1002.20(8), 1003.4281(1),
16 1003.4285(1), 1003.5716(1), and 1011.62(1)(n), F.S.,
17 relating to K-12 student and parent rights, early high
18 school graduation, standard high school diploma
19 designations, transition to postsecondary education
20 and career opportunities, and funds for operation of
21 schools, respectively, to incorporate the amendment
22 made to s. 1003.4282, F.S., in references thereto;
23 reenacting ss. 409.1451(2)(a), 1002.33(7)(a),
24 1002.34(4)(g), 1002.45(4)(b), 1003.49(1), 1004.935(1),
25 1006.15(3)(a), 1009.531(1)(b), and 1009.893(4), F.S.,
26 relating to the Road-to-Independence Program, charter
27 schools, charter technical career centers, virtual
28 instruction programs, graduation and promotion
29 requirements for publicly operated schools, the Adults
30 with Disabilities Workforce Education Program,
31 standards for participation in extracurricular student
32 activities, the Florida Bright Futures Scholarship
33 Program, and the Benacquisto Scholarship Program,
34 respectively, to incorporate the amendments made to
35 ss. 1002.3105 and 1003.4282, F.S., in references
36 thereto; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsection (5) of section 1002.3105, Florida
41 Statutes, is amended to read:
42 1002.3105 Academically Challenging Curriculum to Enhance
43 Learning (ACCEL) options.—
44 (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
45 meets the applicable grade 9 cohort graduation requirements of
46 s. 1003.4282(3)(a)-(e), earns three credits in electives, and
47 earns a cumulative grade point average (GPA) of 2.0 on a 4.0
48 scale, and submits a Free Application for Federal Student Aid
49 pursuant to s. 1003.4282(5) shall be awarded a standard high
50 school diploma in a form prescribed by the State Board of
51 Education.
52 Section 2. Present subsections (5) through (11) of section
53 1003.4282, Florida Statutes, are redesignated as subsections (6)
54 through (12), respectively, and a new subsection (5) is added to
55 that section, to read:
56 1003.4282 Requirements for a standard high school diploma.—
57 (5) FREE APPLICATION FOR FEDERAL STUDENT AID REQUIREMENT.
58 Beginning with students entering grade 9 in the 2023-2024 school
59 year, a student must submit a Free Application for Federal
60 Student Aid in order to be awarded a standard high school
61 diploma. However, a student is exempt from this subsection if
62 the student’s parent or the student, if he or she is 18 years of
63 age or older, submits a letter to the school district declining
64 to submit the Free Application for Federal Student Aid.
65 Section 3. Paragraphs (a) and (b) of subsection (2) of
66 section 1003.5716, Florida Statutes, are amended to read:
67 1003.5716 Transition to postsecondary education and career
68 opportunities.—All students with disabilities who are 3 years of
69 age to 21 years of age have the right to a free, appropriate
70 public education. As used in this section, the term “IEP” means
71 individual education plan.
72 (2) Beginning not later than the first IEP to be in effect
73 when the student enters high school, attains the age of 14, or
74 when determined appropriate by the parent and the IEP team,
75 whichever occurs first, the IEP must include the following
76 statements that must be updated annually:
77 (a) A statement of intent to pursue a standard high school
78 diploma and a Scholar or Merit designation, pursuant to s.
79 1003.4285, as determined by the parent.
80 1. The statement must document discussion of the process
81 for a student with a disability who meets the requirements for a
82 standard high school diploma to defer the receipt of such
83 diploma pursuant to s. 1003.4282(11)(c) s. 1003.4282(10)(c).
84 2. For the IEP in effect at the beginning of the school
85 year the student is expected to graduate, the statement must
86 include a signed statement by the parent, the guardian, or the
87 student, if the student has reached the age of majority and
88 rights have transferred to the student, that he or she
89 understands the process for deferment and identifying if the
90 student will defer the receipt of his or her standard high
91 school diploma.
92 (b) A statement of intent to receive a standard high school
93 diploma before the student attains the age of 22 and a
94 description of how the student will fully meet the requirements
95 in s. 1003.4282, including, but not limited to, a portfolio
96 pursuant to s. 1003.4282(10)(b) s. 1003.4282(9)(b) which meets
97 the criteria specified in State Board of Education rule. The IEP
98 must also specify the outcomes and additional benefits expected
99 by the parent and the IEP team at the time of the student’s
100 graduation.
101 Section 4. For the purpose of incorporating the amendment
102 made by this act to section 1002.3105, Florida Statutes, in a
103 reference thereto, paragraph (c) of subsection (3) of section
104 1003.03, Florida Statutes, is reenacted to read:
105 1003.03 Maximum class size.—
106 (3) IMPLEMENTATION OPTIONS.—District school boards must
107 consider, but are not limited to, implementing the following
108 items in order to meet the constitutional class size maximums
109 described in subsection (1):
110 (c)1. Repeal district school board policies that require
111 students to earn more than the 24 credits to graduate from high
112 school.
113 2. Implement the early graduation options provided in ss.
114 1002.3105(5) and 1003.4281.
115 Section 5. For the purpose of incorporating the amendment
116 made by this act to section 1003.4282, Florida Statutes, in a
117 reference thereto, subsection (8) of section 1002.20, Florida
118 Statutes, is reenacted to read:
119 1002.20 K-12 student and parent rights.—Parents of public
120 school students must receive accurate and timely information
121 regarding their child’s academic progress and must be informed
122 of ways they can help their child to succeed in school. K-12
123 students and their parents are afforded numerous statutory
124 rights including, but not limited to, the following:
125 (8) STUDENTS WITH DISABILITIES.—Parents of public school
126 students with disabilities and parents of public school students
127 in residential care facilities are entitled to notice and due
128 process in accordance with the provisions of ss. 1003.57 and
129 1003.58. Public school students with disabilities must be
130 provided the opportunity to meet the graduation requirements for
131 a standard high school diploma as set forth in s. 1003.4282 in
132 accordance with the provisions of ss. 1003.57 and 1008.22.
133 Section 6. For the purpose of incorporating the amendment
134 made by this act to section 1003.4282, Florida Statutes, in a
135 reference thereto, subsection (1) of section 1003.4281, Florida
136 Statutes, is reenacted to read:
137 1003.4281 Early high school graduation.—
138 (1) The purpose of this section is to provide a student the
139 option of early graduation and receipt of a standard high school
140 diploma if the student earns 24 credits and meets the graduation
141 requirements set forth in s. 1003.4282. For purposes of this
142 section, the term “early graduation” means graduation from high
143 school in less than 8 semesters or the equivalent.
144 Section 7. For the purpose of incorporating the amendment
145 made by this act to section 1003.4282, Florida Statutes, in a
146 reference thereto, subsection (1) of section 1003.4285, Florida
147 Statutes, is reenacted to read:
148 1003.4285 Standard high school diploma designations.—
149 (1) Each standard high school diploma shall include, as
150 applicable, the following designations if the student meets the
151 criteria set forth for the designation:
152 (a) Scholar designation.—In addition to the requirements of
153 s. 1003.4282, in order to earn the Scholar designation, a
154 student must satisfy the following requirements:
155 1. Mathematics.—Earn one credit in Algebra II or an equally
156 rigorous course and one credit in statistics or an equally
157 rigorous course. Beginning with students entering grade 9 in the
158 2014-2015 school year, pass the Geometry statewide, standardized
159 assessment.
160 2. Science.—Pass the statewide, standardized Biology I EOC
161 assessment and earn one credit in chemistry or physics and one
162 credit in a course equally rigorous to chemistry or physics.
163 However, a student enrolled in an Advanced Placement (AP),
164 International Baccalaureate (IB), or Advanced International
165 Certificate of Education (AICE) Biology course who takes the
166 respective AP, IB, or AICE Biology assessment and earns the
167 minimum score necessary to earn college credit as identified
168 pursuant to s. 1007.27(2) meets the requirement of this
169 subparagraph without having to take the statewide, standardized
170 Biology I EOC assessment.
171 3. Social studies.—Pass the statewide, standardized United
172 States History EOC assessment. However, a student enrolled in an
173 AP, IB, or AICE course that includes United States History
174 topics who takes the respective AP, IB, or AICE assessment and
175 earns the minimum score necessary to earn college credit as
176 identified pursuant to s. 1007.27(2) meets the requirement of
177 this subparagraph without having to take the statewide,
178 standardized United States History EOC assessment.
179 4. Foreign language.—Earn two credits in the same foreign
180 language.
181 5. Electives.—Earn at least one credit in an Advanced
182 Placement, an International Baccalaureate, an Advanced
183 International Certificate of Education, or a dual enrollment
184 course.
185 (b) Merit designation.—In addition to the requirements of
186 s. 1003.4282, in order to earn the Merit designation, a student
187 must attain one or more industry certifications from the list
188 established under s. 1003.492.
189 Section 8. For the purpose of incorporating the amendment
190 made by this act to section 1003.4282, Florida Statutes, in a
191 reference thereto, subsection (1) of section 1003.5716, Florida
192 Statutes, is reenacted to read:
193 1003.5716 Transition to postsecondary education and career
194 opportunities.—All students with disabilities who are 3 years of
195 age to 21 years of age have the right to a free, appropriate
196 public education. As used in this section, the term “IEP” means
197 individual education plan.
198 (1) To ensure quality planning for a successful transition
199 of a student with a disability to postsecondary education and
200 career opportunities, during the student’s seventh grade year or
201 when the student attains the age of 12, whichever occurs first,
202 an IEP team shall begin the process of, and develop an IEP for,
203 identifying the need for transition services before the student
204 with a disability enters high school or attains the age of 14
205 years, whichever occurs first, in order for his or her
206 postsecondary goals and career goals to be identified. The plan
207 must be operational and in place to begin implementation on the
208 first day of the student’s first year in high school. This
209 process must include, but is not limited to:
210 (a) Consideration of the student’s need for instruction in
211 the area of self-determination and self-advocacy to assist the
212 student’s active and effective participation in an IEP meeting;
213 (b) Preparation for the student to graduate from high
214 school with a standard high school diploma pursuant to s.
215 1003.4282 with a Scholar designation unless the parent chooses a
216 Merit designation; and
217 (c) Provision of the information to the student and his or
218 her parent of the school district’s high school-level transition
219 services, career and technical education, and collegiate
220 programs available to students with disabilities and how to
221 access such programs. Information shall also be provided on
222 school-based transition programs and programs and services
223 available through Florida’s Center for Students with Unique
224 Abilities, the Florida Centers for Independent Living, the
225 Division of Vocational Rehabilitation, the Agency for Persons
226 with Disabilities, and the Division of Blind Services. Referral
227 forms, links, and technical support contacts for these services
228 must be provided to students and parents at IEP meetings.
229 Section 9. For the purpose of incorporating the amendment
230 made by this act to section 1003.4282, Florida Statutes, in a
231 reference thereto, paragraph (n) of subsection (1) of section
232 1011.62, Florida Statutes, is reenacted to read:
233 1011.62 Funds for operation of schools.—If the annual
234 allocation from the Florida Education Finance Program to each
235 district for operation of schools is not determined in the
236 annual appropriations act or the substantive bill implementing
237 the annual appropriations act, it shall be determined as
238 follows:
239 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
240 OPERATION.—The following procedure shall be followed in
241 determining the annual allocation to each district for
242 operation:
243 (n) Calculation of additional full-time equivalent
244 membership based on college board advanced placement scores of
245 students and earning college board advanced placement capstone
246 diplomas.—A value of 0.16 full-time equivalent student
247 membership shall be calculated for each student in each advanced
248 placement course who receives a score of 3 or higher on the
249 College Board Advanced Placement Examination for the prior year
250 and added to the total full-time equivalent student membership
251 in basic programs for grades 9 through 12 in the subsequent
252 fiscal year. A value of 0.3 full-time equivalent student
253 membership shall be calculated for each student who receives a
254 College Board Advanced Placement Capstone Diploma and meets the
255 requirements for a standard high school diploma under s.
256 1003.4282. Such value shall be added to the total full-time
257 equivalent student membership in basic programs for grades 9
258 through 12 in the subsequent fiscal year. Each district must
259 allocate at least 80 percent of the funds provided to the
260 district for advanced placement instruction, in accordance with
261 this paragraph, to the high school that generates the funds. The
262 school district shall distribute to each classroom teacher who
263 provided advanced placement instruction:
264 1. A bonus in the amount of $50 for each student taught by
265 the Advanced Placement teacher in each advanced placement course
266 who receives a score of 3 or higher on the College Board
267 Advanced Placement Examination.
268 2. An additional bonus of $500 to each Advanced Placement
269 teacher in a school designated with a grade of “D” or “F” who
270 has at least one student scoring 3 or higher on the College
271 Board Advanced Placement Examination, regardless of the number
272 of classes taught or of the number of students scoring a 3 or
273 higher on the College Board Advanced Placement Examination.
274
275 Bonuses awarded under this paragraph shall be in addition to any
276 regular wage or other bonus the teacher received or is scheduled
277 to receive. For such courses, the teacher shall earn an
278 additional bonus of $50 for each student who has a qualifying
279 score.
280 Section 10. For the purpose of incorporating the amendments
281 made by this act to sections 1002.3105 and 1003.4282, Florida
282 Statutes, in references thereto, paragraph (a) of subsection (2)
283 of section 409.1451, Florida Statutes, is reenacted to read:
284 409.1451 The Road-to-Independence Program.—
285 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
286 (a) A young adult is eligible for services and support
287 under this subsection if he or she:
288 1. Was living in licensed care on his or her 18th birthday
289 or is currently living in licensed care; or was at least 16
290 years of age and was adopted from foster care or placed with a
291 court-approved dependency guardian after spending at least 6
292 months in licensed care within the 12 months immediately
293 preceding such placement or adoption;
294 2. Spent at least 6 months in licensed care before reaching
295 his or her 18th birthday;
296 3. Earned a standard high school diploma pursuant to s.
297 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
298 pursuant to s. 1003.435;
299 4. Has been admitted for enrollment as a full-time student
300 or its equivalent in an eligible postsecondary educational
301 institution as provided in s. 1009.533. For purposes of this
302 section, the term “full-time” means 9 credit hours or the
303 vocational school equivalent. A student may enroll part-time if
304 he or she has a recognized disability or is faced with another
305 challenge or circumstance that would prevent full-time
306 attendance. A student needing to enroll part-time for any reason
307 other than having a recognized disability must get approval from
308 his or her academic advisor;
309 5. Has reached 18 years of age but is not yet 23 years of
310 age;
311 6. Has applied, with assistance from the young adult’s
312 caregiver and the community-based lead agency, for any other
313 grants and scholarships for which he or she may qualify;
314 7. Submitted a Free Application for Federal Student Aid
315 which is complete and error free; and
316 8. Signed an agreement to allow the department and the
317 community-based care lead agency access to school records.
318 Section 11. For the purpose of incorporating the amendments
319 made by this act to sections 1002.3105 and 1003.4282, Florida
320 Statutes, in references thereto, paragraph (a) of subsection (7)
321 of section 1002.33, Florida Statutes, is reenacted to read:
322 1002.33 Charter schools.—
323 (7) CHARTER.—The terms and conditions for the operation of
324 a charter school shall be set forth by the sponsor and the
325 applicant in a written contractual agreement, called a charter.
326 The sponsor and the governing board of the charter school shall
327 use the standard charter contract pursuant to subsection (21),
328 which shall incorporate the approved application and any addenda
329 approved with the application. Any term or condition of a
330 proposed charter contract that differs from the standard charter
331 contract adopted by rule of the State Board of Education shall
332 be presumed a limitation on charter school flexibility. The
333 sponsor may not impose unreasonable rules or regulations that
334 violate the intent of giving charter schools greater flexibility
335 to meet educational goals. The charter shall be signed by the
336 governing board of the charter school and the sponsor, following
337 a public hearing to ensure community input.
338 (a) The charter shall address and criteria for approval of
339 the charter shall be based on:
340 1. The school’s mission, the students to be served, and the
341 ages and grades to be included.
342 2. The focus of the curriculum, the instructional methods
343 to be used, any distinctive instructional techniques to be
344 employed, and identification and acquisition of appropriate
345 technologies needed to improve educational and administrative
346 performance which include a means for promoting safe, ethical,
347 and appropriate uses of technology which comply with legal and
348 professional standards.
349 a. The charter shall ensure that reading is a primary focus
350 of the curriculum and that resources are provided to identify
351 and provide specialized instruction for students who are reading
352 below grade level. The curriculum and instructional strategies
353 for reading must be consistent with the Next Generation Sunshine
354 State Standards and grounded in scientifically based reading
355 research.
356 b. In order to provide students with access to diverse
357 instructional delivery models, to facilitate the integration of
358 technology within traditional classroom instruction, and to
359 provide students with the skills they need to compete in the
360 21st century economy, the Legislature encourages instructional
361 methods for blended learning courses consisting of both
362 traditional classroom and online instructional techniques.
363 Charter schools may implement blended learning courses which
364 combine traditional classroom instruction and virtual
365 instruction. Students in a blended learning course must be full
366 time students of the charter school pursuant to s.
367 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
368 1012.55 who provide virtual instruction for blended learning
369 courses may be employees of the charter school or may be under
370 contract to provide instructional services to charter school
371 students. At a minimum, such instructional personnel must hold
372 an active state or school district adjunct certification under
373 s. 1012.57 for the subject area of the blended learning course.
374 The funding and performance accountability requirements for
375 blended learning courses are the same as those for traditional
376 courses.
377 3. The current incoming baseline standard of student
378 academic achievement, the outcomes to be achieved, and the
379 method of measurement that will be used. The criteria listed in
380 this subparagraph shall include a detailed description of:
381 a. How the baseline student academic achievement levels and
382 prior rates of academic progress will be established.
383 b. How these baseline rates will be compared to rates of
384 academic progress achieved by these same students while
385 attending the charter school.
386 c. To the extent possible, how these rates of progress will
387 be evaluated and compared with rates of progress of other
388 closely comparable student populations.
389
390 A district school board is required to provide academic student
391 performance data to charter schools for each of their students
392 coming from the district school system, as well as rates of
393 academic progress of comparable student populations in the
394 district school system.
395 4. The methods used to identify the educational strengths
396 and needs of students and how well educational goals and
397 performance standards are met by students attending the charter
398 school. The methods shall provide a means for the charter school
399 to ensure accountability to its constituents by analyzing
400 student performance data and by evaluating the effectiveness and
401 efficiency of its major educational programs. Students in
402 charter schools shall, at a minimum, participate in the
403 statewide assessment program created under s. 1008.22.
404 5. In secondary charter schools, a method for determining
405 that a student has satisfied the requirements for graduation in
406 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
407 6. A method for resolving conflicts between the governing
408 board of the charter school and the sponsor.
409 7. The admissions procedures and dismissal procedures,
410 including the school’s code of student conduct. Admission or
411 dismissal must not be based on a student’s academic performance.
412 8. The ways by which the school will achieve a
413 racial/ethnic balance reflective of the community it serves or
414 within the racial/ethnic range of other nearby public schools.
415 9. The financial and administrative management of the
416 school, including a reasonable demonstration of the professional
417 experience or competence of those individuals or organizations
418 applying to operate the charter school or those hired or
419 retained to perform such professional services and the
420 description of clearly delineated responsibilities and the
421 policies and practices needed to effectively manage the charter
422 school. A description of internal audit procedures and
423 establishment of controls to ensure that financial resources are
424 properly managed must be included. Both public sector and
425 private sector professional experience shall be equally valid in
426 such a consideration.
427 10. The asset and liability projections required in the
428 application which are incorporated into the charter and shall be
429 compared with information provided in the annual report of the
430 charter school.
431 11. A description of procedures that identify various risks
432 and provide for a comprehensive approach to reduce the impact of
433 losses; plans to ensure the safety and security of students and
434 staff; plans to identify, minimize, and protect others from
435 violent or disruptive student behavior; and the manner in which
436 the school will be insured, including whether or not the school
437 will be required to have liability insurance, and, if so, the
438 terms and conditions thereof and the amounts of coverage.
439 12. The term of the charter which shall provide for
440 cancellation of the charter if insufficient progress has been
441 made in attaining the student achievement objectives of the
442 charter and if it is not likely that such objectives can be
443 achieved before expiration of the charter. The initial term of a
444 charter shall be for 5 years, excluding 2 planning years. In
445 order to facilitate access to long-term financial resources for
446 charter school construction, charter schools that are operated
447 by a municipality or other public entity as provided by law are
448 eligible for up to a 15-year charter, subject to approval by the
449 sponsor. A charter lab school is eligible for a charter for a
450 term of up to 15 years. In addition, to facilitate access to
451 long-term financial resources for charter school construction,
452 charter schools that are operated by a private, not-for-profit,
453 s. 501(c)(3) status corporation are eligible for up to a 15-year
454 charter, subject to approval by the sponsor. Such long-term
455 charters remain subject to annual review and may be terminated
456 during the term of the charter, but only according to the
457 provisions set forth in subsection (8).
458 13. The facilities to be used and their location. The
459 sponsor may not require a charter school to have a certificate
460 of occupancy or a temporary certificate of occupancy for such a
461 facility earlier than 15 calendar days before the first day of
462 school.
463 14. The qualifications to be required of the teachers and
464 the potential strategies used to recruit, hire, train, and
465 retain qualified staff to achieve best value.
466 15. The governance structure of the school, including the
467 status of the charter school as a public or private employer as
468 required in paragraph (12)(i).
469 16. A timetable for implementing the charter which
470 addresses the implementation of each element thereof and the
471 date by which the charter shall be awarded in order to meet this
472 timetable.
473 17. In the case of an existing public school that is being
474 converted to charter status, alternative arrangements for
475 current students who choose not to attend the charter school and
476 for current teachers who choose not to teach in the charter
477 school after conversion in accordance with the existing
478 collective bargaining agreement or district school board rule in
479 the absence of a collective bargaining agreement. However,
480 alternative arrangements shall not be required for current
481 teachers who choose not to teach in a charter lab school, except
482 as authorized by the employment policies of the state university
483 which grants the charter to the lab school.
484 18. Full disclosure of the identity of all relatives
485 employed by the charter school who are related to the charter
486 school owner, president, chairperson of the governing board of
487 directors, superintendent, governing board member, principal,
488 assistant principal, or any other person employed by the charter
489 school who has equivalent decisionmaking authority. For the
490 purpose of this subparagraph, the term “relative” means father,
491 mother, son, daughter, brother, sister, uncle, aunt, first
492 cousin, nephew, niece, husband, wife, father-in-law, mother-in
493 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
494 stepfather, stepmother, stepson, stepdaughter, stepbrother,
495 stepsister, half brother, or half sister.
496 19. Implementation of the activities authorized under s.
497 1002.331 by the charter school when it satisfies the eligibility
498 requirements for a high-performing charter school. A high
499 performing charter school shall notify its sponsor in writing by
500 March 1 if it intends to increase enrollment or expand grade
501 levels the following school year. The written notice shall
502 specify the amount of the enrollment increase and the grade
503 levels that will be added, as applicable.
504 Section 12. For the purpose of incorporating the amendments
505 made by this act to sections 1002.3105 and 1003.4282, Florida
506 Statutes, in references thereto, paragraph (g) of subsection (4)
507 of section 1002.34, Florida Statutes, is reenacted to read:
508 1002.34 Charter technical career centers.—
509 (4) CHARTER.—A sponsor may designate centers as provided in
510 this section. An application to establish a center may be
511 submitted by a sponsor or another organization that is
512 determined, by rule of the State Board of Education, to be
513 appropriate. However, an independent school is not eligible for
514 status as a center. The charter must be signed by the governing
515 body of the center and the sponsor and must be approved by the
516 district school board and Florida College System institution
517 board of trustees in whose geographic region the facility is
518 located. If a charter technical career center is established by
519 the conversion to charter status of a public technical center
520 formerly governed by a district school board, the charter status
521 of that center takes precedence in any question of governance.
522 The governance of the center or of any program within the center
523 remains with its board of directors unless the board agrees to a
524 change in governance or its charter is revoked as provided in
525 subsection (15). Such a conversion charter technical career
526 center is not affected by a change in the governance of public
527 technical centers or of programs within other centers that are
528 or have been governed by district school boards. A charter
529 technical career center, or any program within such a center,
530 that was governed by a district school board and transferred to
531 a Florida College System institution prior to the effective date
532 of this act is not affected by this provision. An applicant who
533 wishes to establish a center must submit to the district school
534 board or Florida College System institution board of trustees,
535 or a consortium of one or more of each, an application on a form
536 developed by the Department of Education which includes:
537 (g) A method for determining whether a student has
538 satisfied the requirements for graduation specified in s.
539 1002.3105(5), s. 1003.4281, or s. 1003.4282 and for completion
540 of a postsecondary certificate or degree.
541
542 Students at a center must meet the same testing and academic
543 performance standards as those established by law and rule for
544 students at public schools and public technical centers. The
545 students must also meet any additional assessment indicators
546 that are included within the charter approved by the district
547 school board or Florida College System institution board of
548 trustees.
549 Section 13. For the purpose of incorporating the amendments
550 made by this act to sections 1002.3105 and 1003.4282, Florida
551 Statutes, in references thereto, paragraph (b) of subsection (4)
552 of section 1002.45, Florida Statutes, is reenacted to read:
553 1002.45 Virtual instruction programs.—
554 (4) CONTRACT REQUIREMENTS.—Each contract with an approved
555 provider must at minimum:
556 (b) Provide a method for determining that a student has
557 satisfied the requirements for graduation in s. 1002.3105(5), s.
558 1003.4281, or s. 1003.4282 if the contract is for the provision
559 of a full-time virtual instruction program to students in grades
560 9 through 12.
561 Section 14. For the purpose of incorporating the amendments
562 made by this act to sections 1002.3105 and 1003.4282, Florida
563 Statutes, in references thereto, subsection (1) of section
564 1003.49, Florida Statutes, is reenacted to read:
565 1003.49 Graduation and promotion requirements for publicly
566 operated schools.—
567 (1) Each state or local public agency, including the
568 Department of Children and Families, the Department of
569 Corrections, the boards of trustees of universities and Florida
570 College System institutions, and the Board of Trustees of the
571 Florida School for the Deaf and the Blind, which agency is
572 authorized to operate educational programs for students at any
573 level of grades kindergarten through 12, shall be subject to all
574 applicable requirements of ss. 1002.3105(5), 1003.4281,
575 1003.4282, 1008.23, and 1008.25. Within the content of these
576 cited statutes each such state or local public agency or entity
577 shall be considered a “district school board.”
578 Section 15. For the purpose of incorporating the amendments
579 made by this act to sections 1002.3105 and 1003.4282, Florida
580 Statutes, in references thereto, subsection (1) of section
581 1004.935, Florida Statutes, is reenacted to read:
582 1004.935 Adults with Disabilities Workforce Education
583 Program.—
584 (1) The Adults with Disabilities Workforce Education
585 Program is established in the Department of Education in Hardee,
586 DeSoto, Manatee, and Sarasota Counties to provide the option of
587 receiving a scholarship for instruction at private schools for
588 up to 30 students who:
589 (a) Have a disability;
590 (b) Are 22 years of age;
591 (c) Are receiving instruction from an instructor in a
592 private school to meet the high school graduation requirements
593 in s. 1002.3105(5) or s. 1003.4282;
594 (d) Do not have a standard high school diploma or a special
595 high school diploma; and
596 (e) Receive “supported employment services,” which means
597 employment that is located or provided in an integrated work
598 setting with earnings paid on a commensurate wage basis and for
599 which continued support is needed for job maintenance.
600
601 As used in this section, the term “student with a disability”
602 includes a student who is documented as having an intellectual
603 disability; a speech impairment; a language impairment; a
604 hearing impairment, including deafness; a visual impairment,
605 including blindness; a dual sensory impairment; an orthopedic
606 impairment; another health impairment; an emotional or
607 behavioral disability; a specific learning disability,
608 including, but not limited to, dyslexia, dyscalculia, or
609 developmental aphasia; a traumatic brain injury; a developmental
610 delay; or autism spectrum disorder.
611 Section 16. For the purpose of incorporating the amendments
612 made by this act to sections 1002.3105 and 1003.4282, Florida
613 Statutes, in references thereto, paragraph (a) of subsection (3)
614 of section 1006.15, Florida Statutes, is reenacted to read:
615 1006.15 Student standards for participation in
616 interscholastic and intrascholastic extracurricular student
617 activities; regulation.—
618 (3)(a) As used in this section and s. 1006.20, the term
619 “eligible to participate” includes, but is not limited to, a
620 student participating in tryouts, off-season conditioning,
621 summer workouts, preseason conditioning, in-season practice, or
622 contests. The term does not mean that a student must be placed
623 on any specific team for interscholastic or intrascholastic
624 extracurricular activities. To be eligible to participate in
625 interscholastic extracurricular student activities, a student
626 must:
627 1. Maintain a grade point average of 2.0 or above on a 4.0
628 scale, or its equivalent, in the previous semester or a
629 cumulative grade point average of 2.0 or above on a 4.0 scale,
630 or its equivalent, in the courses required by s. 1002.3105(5) or
631 s. 1003.4282.
632 2. Execute and fulfill the requirements of an academic
633 performance contract between the student, the district school
634 board, the appropriate governing association, and the student’s
635 parents, if the student’s cumulative grade point average falls
636 below 2.0, or its equivalent, on a 4.0 scale in the courses
637 required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
638 contract must require that the student attend summer school, or
639 its graded equivalent, between grades 9 and 10 or grades 10 and
640 11, as necessary.
641 3. Have a cumulative grade point average of 2.0 or above on
642 a 4.0 scale, or its equivalent, in the courses required by s.
643 1002.3105(5) or s. 1003.4282 during his or her junior or senior
644 year.
645 4. Maintain satisfactory conduct, including adherence to
646 appropriate dress and other codes of student conduct policies
647 described in s. 1006.07(2). If a student is convicted of, or is
648 found to have committed, a felony or a delinquent act that would
649 have been a felony if committed by an adult, regardless of
650 whether adjudication is withheld, the student’s participation in
651 interscholastic extracurricular activities is contingent upon
652 established and published district school board policy.
653 Section 17. For the purpose of incorporating the amendments
654 made by this act to sections 1002.3105 and 1003.4282, Florida
655 Statutes, in references thereto, paragraph (b) of subsection (1)
656 of section 1009.531, Florida Statutes, is reenacted to read:
657 1009.531 Florida Bright Futures Scholarship Program;
658 student eligibility requirements for initial awards.—
659 (1) In order to be eligible for an initial award from any
660 of the scholarships under the Florida Bright Futures Scholarship
661 Program, a student must:
662 (b) Earn a standard Florida high school diploma pursuant to
663 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
664 equivalency diploma pursuant to s. 1003.435 unless:
665 1. The student completes a home education program according
666 to s. 1002.41;
667 2. The student earns a high school diploma from a non
668 Florida school while living with a parent or guardian who is on
669 military or public service assignment away from Florida; or
670 3. The student earns a high school diploma from a Florida
671 private school operating pursuant to s. 1002.42.
672 Section 18. For the purpose of incorporating the amendments
673 made by this act to sections 1002.3105 and 1003.4282, Florida
674 Statutes, in references thereto, subsection (4) of section
675 1009.893, Florida Statutes, is reenacted to read:
676 1009.893 Benacquisto Scholarship Program.—
677 (4) In order to be eligible for an initial award under the
678 scholarship program, a student must meet the requirements of
679 paragraph (a) or paragraph (b).
680 (a) A student who is a resident of this state, as
681 determined in s. 1009.40 and rules of the State Board of
682 Education, must:
683 1. Earn a standard Florida high school diploma or its
684 equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
685 or s. 1003.435 unless:
686 a. The student completes a home education program according
687 to s. 1002.41; or
688 b. The student earns a high school diploma from a non
689 Florida school while living with a parent who is on military or
690 public service assignment out of this state;
691 2. Be accepted by and enroll in a Florida public or
692 independent postsecondary educational institution that is
693 regionally accredited; and
694 3. Be enrolled full-time in a baccalaureate degree program
695 at an eligible regionally accredited Florida public or
696 independent postsecondary educational institution during the
697 fall academic term following high school graduation.
698 (b) A student who initially enrolls in a baccalaureate
699 degree program in the 2018-2019 through 2021-2022 academic years
700 and who is not a resident of this state, as determined in s.
701 1009.40 and rules of the State Board of Education, must:
702 1. Physically reside in this state on or near the campus of
703 the postsecondary educational institution in which the student
704 is enrolled;
705 2. Earn a high school diploma from a school outside Florida
706 which is comparable to a standard Florida high school diploma or
707 its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
708 1003.4282, or s. 1003.435 or must complete a home education
709 program in another state; and
710 3. Be accepted by and enrolled full-time in a baccalaureate
711 degree program at an eligible regionally accredited Florida
712 public or independent postsecondary educational institution
713 during the fall academic term following high school graduation.
714 Section 19. This act shall take effect July 1, 2022.