Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 986
Ì218074,Î218074
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/27/2023 .
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The Committee on Education Pre-K -12 (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (20) and subsection
6 (28) of section 1002.33, Florida Statutes, are amended to read:
7 1002.33 Charter schools.—
8 (20) SERVICES.—
9 (a)1. A sponsor shall provide certain administrative and
10 educational services to charter schools. These services must
11 shall include contract management services; full-time equivalent
12 and data reporting services; exceptional student education
13 administration services; services related to eligibility and
14 reporting duties required to ensure that school lunch services
15 under the National School Lunch Program, consistent with the
16 needs of the charter school, are provided by the sponsor at the
17 request of the charter school, that any funds due to the charter
18 school under the National School Lunch Program be paid to the
19 charter school as soon as the charter school begins serving food
20 under the National School Lunch Program, and that the charter
21 school is paid at the same time and in the same manner under the
22 National School Lunch Program as other public schools serviced
23 by the sponsor or the school district; test administration
24 services, including payment of the costs of state-required or
25 district-required student assessments; processing of teacher
26 certificate data services; and information services, including
27 equal access to the sponsor’s student information systems that
28 are used by public schools in the district in which the charter
29 school is located or by schools in the sponsor’s portfolio of
30 charter schools if the sponsor is not a school district. Student
31 performance data for each student in a charter school,
32 including, but not limited to, FCAT scores, standardized test
33 scores, previous public school student report cards, and student
34 performance measures, shall be provided by the sponsor to a
35 charter school in the same manner provided to other public
36 schools in the district or by schools in the sponsor’s portfolio
37 of charter schools if the sponsor is not a school district.
38 2. A sponsor may withhold an administrative fee for the
39 provision of such services which is shall be a percentage of the
40 available funds defined in paragraph (17)(b) calculated based on
41 weighted full-time equivalent students. If the charter school
42 serves 75 percent or more exceptional education students as
43 defined in s. 1003.01(3), the percentage must shall be
44 calculated based on unweighted full-time equivalent students.
45 The administrative fee is shall be calculated as follows:
46 a. Up to 5 percent for:
47 (I) Enrollment of up to and including 250 students in a
48 charter school as defined in this section.
49 (II) Enrollment of up to and including 500 students within
50 a charter school system which meets all of the following:
51 (A) Includes conversion charter schools and nonconversion
52 charter schools.
53 (B) Has all of its schools located in the same county.
54 (C) Has a total enrollment exceeding the total enrollment
55 of at least one school district in this state.
56 (D) Has the same governing board for all of its schools.
57 (E) Does not contract with a for-profit service provider
58 for management of school operations.
59 (III) Enrollment of up to and including 250 students in a
60 virtual charter school.
61 b. Up to 2 percent for enrollment of up to and including
62 250 students in a high-performing charter school as defined in
63 s. 1002.331.
64 c. Up to 2 percent for enrollment of up to and including
65 250 students in an exceptional student education center that
66 meets the requirements of the rules adopted by the State Board
67 of Education pursuant to s. 1008.3415(3).
68 3. A sponsor may not charge charter schools any additional
69 fees or surcharges for administrative and educational services
70 in addition to the maximum percentage of administrative fees
71 withheld pursuant to this paragraph. A sponsor may not charge or
72 withhold any administrative fee against a charter school for any
73 funds specifically allocated by the Legislature for teacher
74 compensation.
75 4. A sponsor shall provide to the department by September
76 15 of each year the total amount of funding withheld from
77 charter schools pursuant to this subsection for the prior fiscal
78 year. The department must include the information in the report
79 required under sub-sub-subparagraph (5)(b)1.k.(III).
80 5. A sponsor shall annually provide a report to its charter
81 schools on what services are being rendered from the sponsor’s
82 portion of the administrative fee. The report must include the
83 listed services and must be submitted to the department by
84 September 15 of each year.
85 (28) RULEMAKING.—The Department of Education, after
86 consultation with sponsors and charter school directors, shall
87 recommend that the State Board of Education adopt rules to
88 implement specific subsections of this section. Such rules must
89 shall require minimum paperwork and may shall not limit charter
90 school flexibility authorized by statute. The State Board of
91 Education shall adopt rules, pursuant to ss. 120.536(1) and
92 120.54, to implement a standard monitoring tool, standard
93 charter application form, standard application form for the
94 replication of charter schools in a high-performing charter
95 school system, standard evaluation instrument, and standard
96 charter and charter renewal contracts in accordance with this
97 section.
98 Section 2. Subsection (1) and paragraph (a) of subsection
99 (7) of section 1012.56, Florida Statutes, are amended to read:
100 1012.56 Educator certification requirements.—
101 (1) APPLICATION.—Each person seeking certification pursuant
102 to this chapter shall submit a completed application containing
103 the applicant’s social security number to the Department of
104 Education and remit the fee required pursuant to s. 1012.59 and
105 rules of the State Board of Education. Pursuant to the federal
106 Personal Responsibility and Work Opportunity Reconciliation Act
107 of 1996, each party is required to provide his or her social
108 security number in accordance with this section. Disclosure of
109 social security numbers obtained through this requirement is
110 limited to the purpose of administration of the Title IV-D
111 program of the Social Security Act for child support
112 enforcement.
113 (a) Pursuant to s. 120.60, the department shall issue
114 within 90 calendar days after receipt of the completed
115 application a professional certificate to a qualifying applicant
116 covering the classification, level, and area for which the
117 applicant is deemed qualified and a document explaining the
118 requirements for renewal of the professional certificate.
119 (b) The department shall issue a temporary certificate to a
120 qualifying applicant within 14 calendar days after receipt of a
121 request from an employer with a professional education
122 competence demonstration program pursuant to paragraphs (6)(f)
123 and (8)(b). The temporary certificate must cover the
124 classification, level, and area for which the applicant is
125 deemed qualified. The department shall electronically notify the
126 applicant’s employer that the temporary certificate has been
127 issued and provide the applicant an official statement of status
128 of eligibility at the time the certificate is issued.
129 (c) Pursuant to s. 120.60, the department shall issue
130 within 90 calendar days after receipt of the completed
131 application, if an applicant does not meet the requirements for
132 either certificate, an official statement of status of
133 eligibility.
134
135 The statement of status of eligibility must be provided
136 electronically and must advise the applicant of any
137 qualifications that must be completed to qualify for
138 certification. Each method by which an applicant can complete
139 the qualifications for a professional certificate must be
140 included in the statement of status of eligibility. Each
141 statement of status of eligibility is valid for 5 3 years after
142 its date of issuance, except as provided in paragraph (2)(d).
143 (7) TYPES AND TERMS OF CERTIFICATION.—
144 (a) The Department of Education shall issue an initial a
145 professional certificate for a period not to exceed 5 years to
146 any applicant who fulfills one of the following:
147 1. Meets all the applicable requirements outlined in
148 subsection (2).
149 2. For a professional certificate covering grades 6 through
150 12:
151 a. Meets the applicable requirements of paragraphs (2)(a)
152 (h).
153 b. Holds a master’s or higher degree in the area of
154 science, technology, engineering, or mathematics.
155 c. Teaches a high school course in the subject of the
156 advanced degree.
157 d. Is rated highly effective as determined by the teacher’s
158 performance evaluation under s. 1012.34, based in part on
159 student performance as measured by a statewide, standardized
160 assessment or an Advanced Placement, Advanced International
161 Certificate of Education, or International Baccalaureate
162 examination.
163 e. Achieves a passing score on the Florida professional
164 education competency examination required by state board rule.
165 3. Meets the applicable requirements of paragraphs (2)(a)
166 (f) (2)(a)-(h) and completes a professional preparation and
167 education competence program approved by the department pursuant
168 to paragraph (8)(c) or an educator preparation institute
169 approved by the department pursuant to s. 1004.85. An applicant
170 who completes one of these programs and is rated highly
171 effective as determined by his or her performance evaluation
172 under s. 1012.34 is not required to take or achieve a passing
173 score on the professional education competency examination in
174 order to be awarded a professional certificate.
175
176 At least 1 year before an individual’s temporary
177 certificate is set to expire, the department shall
178 electronically notify the individual of the date on which
179 his or her certificate will expire and provide a list of
180 each method by which the qualifications for a professional
181 certificate can be completed. The State Board of Education
182 shall adopt rules to allow the department to extend the
183 validity period of a temporary certificate for 2 years when
184 the requirements for the professional certificate were not
185 completed due to the serious illness or injury of the
186 applicant, the military service of an applicant’s spouse,
187 other extraordinary extenuating circumstances, or if the
188 certificateholder is rated highly effective in the
189 immediate prior year’s performance evaluation pursuant to
190 s. 1012.34 or has completed a 2-year mentorship program
191 pursuant to subsection (8). The department shall extend the
192 temporary certificate upon approval by the Commissioner of
193 Education. A written request for extension of the
194 certificate shall be submitted by the district school
195 superintendent, the governing authority of a university lab
196 school, the governing authority of a state-supported
197 school, or the governing authority of a private school.
198 Section 3. Paragraph (a) of subsection (2) and paragraph
199 (g) of subsection (3) of section 1012.585, Florida Statutes, are
200 amended to read:
201 1012.585 Process for renewal of professional certificates.—
202 (2)(a) All professional certificates, except a nonrenewable
203 professional certificate, shall be renewable for successive
204 periods not to exceed 10 5 years after the date of submission of
205 documentation of completion of the requirements for renewal
206 provided in subsection (3). Only one renewal may be granted
207 during each 10-year 5-year validity period of a professional
208 certificate.
209 (3) For the renewal of a professional certificate, the
210 following requirements must be met:
211 (g) A teacher may earn inservice points only once during
212 each 10-year 5-year validity period for any mandatory training
213 topic that is not linked to student learning or professional
214 growth.
215 Section 4. Subsections (1) and (3) of section 1012.71,
216 Florida Statutes, are amended to read:
217 1012.71 The Florida Teachers Classroom Supply Assistance
218 Program.—
219 (1) For purposes of the Florida Teachers Classroom Supply
220 Assistance Program, the term “classroom teacher” means a
221 certified teacher employed by a public school district or a
222 public charter school in that district on or before September 1
223 of each year whose full-time or job-share responsibility is the
224 classroom instruction of students in prekindergarten through
225 grade 12, including full-time media specialists and certified
226 school counselors serving students in prekindergarten through
227 grade 12, who are funded through the Florida Education Finance
228 Program. A “job-share” classroom teacher is one of two teachers
229 whose combined full-time equivalent employment for the same
230 teaching assignment equals one full-time classroom teacher. The
231 term “classroom teacher” may also include an administrator or a
232 substitute teacher who holds a valid teaching certificate and
233 who is filling a vacancy in an identified teaching position on
234 or before September 1 of each year.
235 (3) From the funds allocated to each school district and
236 any funds received from local contributions for the Florida
237 Teachers Classroom Supply Assistance Program, the district
238 school board shall calculate an identical amount for each
239 classroom teacher who is estimated to be employed by the school
240 district or a charter school in the district on September 1 of
241 each year, which is that teacher’s proportionate share of the
242 total amount allocated to the district from state funds and
243 funds received from local contributions. A job-share classroom
244 teacher may receive a prorated share of the amount provided to a
245 full-time classroom teacher. The school district shall calculate
246 a prorated share of the funds for a classroom teacher who
247 teaches less than full time. For a classroom teacher determined
248 eligible on July 1, the district school board and each charter
249 school board may provide the teacher with his or her total
250 proportionate share by August 1 based on the estimate of the
251 number of teachers who will be employed on September 1. For a
252 classroom teacher determined eligible after July 1, the district
253 school board and each charter school board shall provide the
254 teacher with his or her total proportionate share by September
255 30. The proportionate share may be provided by any means
256 determined appropriate by the district school board or charter
257 school board, including, but not limited to, direct deposit,
258 check, debit card, or purchasing card. If a debit card is used,
259 an identifier must be placed on the front of the debit card
260 which clearly indicates that the card has been issued for the
261 Florida Teachers Classroom Supply Assistance Program.
262 Expenditures under the program are not subject to state or local
263 competitive bidding requirements. Funds received by a classroom
264 teacher do not affect wages, hours, or terms and conditions of
265 employment and, therefore, are not subject to collective
266 bargaining. Any classroom teacher may decline receipt of or
267 return the funds without explanation or cause.
268 Section 5. This act shall take effect July 1, 2023.
269
270 ================= T I T L E A M E N D M E N T ================
271 And the title is amended as follows:
272 Delete everything before the enacting clause
273 and insert:
274 A bill to be entitled
275 An act relating to education; amending s. 1002.33,
276 F.S.; specifying reporting requirements for charter
277 school sponsors; requiring the State Board of
278 Education to adopt rules to implement a standard
279 monitoring tool; amending s. 1012.56, F.S.; revising
280 the length of time for which a statement of status of
281 eligibility is valid; revising the requirements needed
282 for a professional certificate; amending s. 1012.585,
283 F.S.; revising the length of time for which a
284 professional certificate is valid; revising the time
285 period for which a teacher may earn inservice points;
286 amending s. 1012.71, F.S.; revising the definition of
287 the term “classroom teacher”; revising how a district
288 school board calculates teachers’ shares of funds from
289 the Florida Teachers Classroom Supply Assistance
290 Program; providing an effective date.