Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 986
       
       
       
       
       
       
                                Ì747058BÎ747058                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/27/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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 (d) of subsection (10), paragraph (a)
    6  of subsection (20), and subsection (28) of section 1002.33,
    7  Florida Statutes, are amended to read:
    8         1002.33 Charter schools.—
    9         (10) ELIGIBLE STUDENTS.—
   10         (d) A charter school may give enrollment preference to the
   11  following student populations:
   12         1. Students who are siblings of a student enrolled in the
   13  charter school.
   14         2. Students who are the children of a member of the
   15  governing board of the charter school.
   16         3. Students who are the children of an employee of the
   17  charter school.
   18         4. Students who are the children of:
   19         a. An employee of the business partner of a charter school
   20  in-the-workplace established under paragraph (15)(b) or a
   21  resident of the municipality in which such charter school is
   22  located; or
   23         b. A resident or employee of a municipality that operates a
   24  charter school-in-a-municipality pursuant to paragraph (15)(c)
   25  or allows a charter school to use a school facility or portion
   26  of land provided by the municipality for the operation of the
   27  charter school.
   28         5. Students who have successfully completed, during the
   29  previous year, a voluntary prekindergarten education program
   30  under ss. 1002.51-1002.79 provided by the charter school, the
   31  charter school’s governing board, or a voluntary prekindergarten
   32  provider that has a written agreement with the governing board.
   33         6. Students who are the children of an active duty member
   34  of any branch of the United States Armed Forces.
   35         7. Students who attended or are assigned to failing schools
   36  pursuant to s. 1002.38(2).
   37         8. Students who are the children of a school safety officer
   38  or officers assigned to the charter school.
   39         (20) SERVICES.—
   40         (a)1. A sponsor shall provide certain administrative and
   41  educational services to charter schools. These services shall
   42  include contract management services; full-time equivalent and
   43  data reporting services; exceptional student education
   44  administration services; services related to eligibility and
   45  reporting duties required to ensure that school lunch services
   46  under the National School Lunch Program, consistent with the
   47  needs of the charter school, are provided by the sponsor at the
   48  request of the charter school, that any funds due to the charter
   49  school under the National School Lunch Program be paid to the
   50  charter school as soon as the charter school begins serving food
   51  under the National School Lunch Program, and that the charter
   52  school is paid at the same time and in the same manner under the
   53  National School Lunch Program as other public schools serviced
   54  by the sponsor or the school district; test administration
   55  services, including payment of the costs of state-required or
   56  district-required student assessments; processing of teacher
   57  certificate data services; and information services, including
   58  equal access to the sponsor’s student information systems that
   59  are used by public schools in the district in which the charter
   60  school is located or by schools in the sponsor’s portfolio of
   61  charter schools if the sponsor is not a school district. Student
   62  performance data for each student in a charter school,
   63  including, but not limited to, FCAT scores, standardized test
   64  scores, previous public school student report cards, and student
   65  performance measures, shall be provided by the sponsor to a
   66  charter school in the same manner provided to other public
   67  schools in the district or by schools in the sponsor’s portfolio
   68  of charter schools if the sponsor is not a school district.
   69         2. A sponsor shall provide training on systems the sponsor
   70  will require the charter school to use.
   71         3. A sponsor may withhold an administrative fee for the
   72  provision of such services which shall be a percentage of the
   73  available funds defined in paragraph (17)(b) calculated based on
   74  weighted full-time equivalent students. If the charter school
   75  serves 75 percent or more exceptional education students as
   76  defined in s. 1003.01(3), the percentage shall be calculated
   77  based on unweighted full-time equivalent students. The
   78  administrative fee shall be calculated as follows:
   79         a. Up to 5 percent for:
   80         (I) Enrollment of up to and including 250 students in a
   81  charter school as defined in this section.
   82         (II) Enrollment of up to and including 500 students within
   83  a charter school system which meets all of the following:
   84         (A) Includes conversion charter schools and nonconversion
   85  charter schools.
   86         (B) Has all of its schools located in the same county.
   87         (C) Has a total enrollment exceeding the total enrollment
   88  of at least one school district in this state.
   89         (D) Has the same governing board for all of its schools.
   90         (E) Does not contract with a for-profit service provider
   91  for management of school operations.
   92         (III) Enrollment of up to and including 250 students in a
   93  virtual charter school.
   94         b. Up to 2 percent for enrollment of up to and including
   95  250 students in a high-performing charter school as defined in
   96  s. 1002.331.
   97         c. Up to 2 percent for enrollment of up to and including
   98  250 students in an exceptional student education center that
   99  meets the requirements of the rules adopted by the State Board
  100  of Education pursuant to s. 1008.3415(3).
  101         4.3. A sponsor may not charge charter schools any
  102  additional fees or surcharges for administrative and educational
  103  services in addition to the maximum percentage of administrative
  104  fees withheld pursuant to this paragraph. A sponsor may not
  105  charge or withhold any administrative fee against a charter
  106  school for any funds specifically allocated by the Legislature
  107  for teacher compensation.
  108         5.4. A sponsor shall provide to the department by September
  109  15 of each year the total amount of funding withheld from
  110  charter schools pursuant to this subsection for the prior fiscal
  111  year. The department must include the information in the report
  112  required under sub-sub-subparagraph (5)(b)1.k.(III).
  113         6.A sponsor shall annually provide a report to its charter
  114  schools on what services are being rendered from the sponsor’s
  115  portion of the administrative fee. The report must include the
  116  listed services and be submitted to the department by September
  117  15 of each year.
  118         (28) RULEMAKING.—The Department of Education, after
  119  consultation with sponsors and charter school directors, shall
  120  recommend that the State Board of Education adopt rules to
  121  implement specific subsections of this section. Such rules shall
  122  require minimum paperwork and shall not limit charter school
  123  flexibility authorized by statute. The State Board of Education
  124  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  125  implement a standard charter application form, standard
  126  application form for the replication of charter schools in a
  127  high-performing charter school system, standard evaluation
  128  instrument, standard monitoring tool, and standard charter and
  129  charter renewal contracts in accordance with this section.
  130         Section 2. Subsection (1) and paragraph (a) of subsection
  131  (7) of section 1012.56, Florida Statutes, are amended to read:
  132         1012.56 Educator certification requirements.—
  133         (1) APPLICATION.—Each person seeking certification pursuant
  134  to this chapter shall submit a completed application containing
  135  the applicant’s social security number to the Department of
  136  Education and remit the fee required pursuant to s. 1012.59 and
  137  rules of the State Board of Education. Pursuant to the federal
  138  Personal Responsibility and Work Opportunity Reconciliation Act
  139  of 1996, each party is required to provide his or her social
  140  security number in accordance with this section. Disclosure of
  141  social security numbers obtained through this requirement is
  142  limited to the purpose of administration of the Title IV-D
  143  program of the Social Security Act for child support
  144  enforcement.
  145         (a) Pursuant to s. 120.60, the department shall issue
  146  within 90 calendar days after receipt of the completed
  147  application a professional certificate to a qualifying applicant
  148  covering the classification, level, and area for which the
  149  applicant is deemed qualified and a document explaining the
  150  requirements for renewal of the professional certificate.
  151         (b) The department shall issue a temporary certificate to a
  152  qualifying applicant within 14 calendar days after receipt of a
  153  request from an employer with a professional education
  154  competence demonstration program pursuant to paragraphs (6)(f)
  155  and (8)(b). The temporary certificate must cover the
  156  classification, level, and area for which the applicant is
  157  deemed qualified. The department shall electronically notify the
  158  applicant’s employer that the temporary certificate has been
  159  issued and provide the applicant an official statement of status
  160  of eligibility at the time the certificate is issued.
  161         (c) Pursuant to s. 120.60, the department shall issue
  162  within 90 calendar days after receipt of the completed
  163  application, if an applicant does not meet the requirements for
  164  either certificate, an official statement of status of
  165  eligibility.
  166  
  167  The statement of status of eligibility must be provided
  168  electronically and must advise the applicant of any
  169  qualifications that must be completed to qualify for
  170  certification. Each method by which an applicant can complete
  171  the qualifications for a professional certificate must be
  172  included in the statement of status of eligibility. Each
  173  statement of status of eligibility is valid for 5 3 years after
  174  its date of issuance, except as provided in paragraph (2)(d).
  175         (7) TYPES AND TERMS OF CERTIFICATION.—
  176         (a) The Department of Education shall issue a professional
  177  certificate for a period not to exceed 10 5 years to any
  178  applicant who fulfills one of the following:
  179         1. Meets all the applicable requirements outlined in
  180  subsection (2).
  181         2. For a professional certificate covering grades 6 through
  182  12:
  183         a. Meets the applicable requirements of paragraphs (2)(a)
  184  (h).
  185         b. Holds a master’s or higher degree in the area of
  186  science, technology, engineering, or mathematics.
  187         c. Teaches a high school course in the subject of the
  188  advanced degree.
  189         d. Is rated highly effective as determined by the teacher’s
  190  performance evaluation under s. 1012.34, based in part on
  191  student performance as measured by a statewide, standardized
  192  assessment or an Advanced Placement, Advanced International
  193  Certificate of Education, or International Baccalaureate
  194  examination.
  195         e. Achieves a passing score on the Florida professional
  196  education competency examination required by state board rule.
  197         3. Meets the applicable requirements of paragraphs (2)(a)
  198  (f) (2)(a)-(h) and completes a professional preparation and
  199  education competence program approved by the department pursuant
  200  to paragraph (8)(c) or an educator preparation institute
  201  approved by the department pursuant to s. 1004.85. An applicant
  202  who completes one of these programs and is rated highly
  203  effective as determined by his or her performance evaluation
  204  under s. 1012.34 is not required to take or achieve a passing
  205  score on the professional education competency examination in
  206  order to be awarded a professional certificate.
  207  
  208  At least 1 year before an individual’s temporary
  209  certificate is set to expire, the department shall
  210  electronically notify the individual of the date on which
  211  his or her certificate will expire and provide a list of
  212  each method by which the qualifications for a professional
  213  certificate can be completed. The State Board of Education
  214  shall adopt rules to allow the department to extend the
  215  validity period of a temporary certificate for 2 years when
  216  the requirements for the professional certificate were not
  217  completed due to the serious illness or injury of the
  218  applicant, the military service of an applicant’s spouse,
  219  other extraordinary extenuating circumstances, or if the
  220  certificateholder is rated highly effective in the
  221  immediate prior year’s performance evaluation pursuant to
  222  s. 1012.34 or has completed a 2-year mentorship program
  223  pursuant to subsection (8). The department shall extend the
  224  temporary certificate upon approval by the Commissioner of
  225  Education. A written request for extension of the
  226  certificate shall be submitted by the district school
  227  superintendent, the governing authority of a university lab
  228  school, the governing authority of a state-supported
  229  school, or the governing authority of a private school.
  230         Section 3. Subsections (1) and (3) of section 1012.71,
  231  Florida Statutes, are amended to read:
  232         1012.71 The Florida Teachers Classroom Supply Assistance
  233  Program.—
  234         (1) For purposes of the Florida Teachers Classroom Supply
  235  Assistance Program, the term “classroom teacher” means a
  236  certified teacher employed by a public school district or a
  237  public charter school in that district on or before September 1
  238  of each year whose full-time or job-share responsibility is the
  239  classroom instruction of students in prekindergarten through
  240  grade 12, including full-time media specialists and certified
  241  school counselors serving students in prekindergarten through
  242  grade 12, who are funded through the Florida Education Finance
  243  Program. A “job-share” classroom teacher is one of two teachers
  244  whose combined full-time equivalent employment for the same
  245  teaching assignment equals one full-time classroom teacher. The
  246  term “classroom teacher” may also include an administrator or a
  247  substitute teacher who holds a valid teaching certificate and
  248  who is filling a vacancy in an identified teaching position on
  249  or before September 1 of each year.
  250         (3) From the funds allocated to each school district and
  251  any funds received from local contributions for the Florida
  252  Teachers Classroom Supply Assistance Program, the district
  253  school board shall calculate an identical amount for each
  254  classroom teacher who is estimated to be employed by the school
  255  district or a charter school in the district on September 1 of
  256  each year, which is that teacher’s proportionate share of the
  257  total amount allocated to the district from state funds and
  258  funds received from local contributions. A job-share classroom
  259  teacher may receive a prorated share of the amount provided to a
  260  full-time classroom teacher. The school district shall calculate
  261  a prorated share of the funds for a classroom teacher who
  262  teaches less than full time. For a classroom teacher determined
  263  eligible on July 1, the district school board and each charter
  264  school board may provide the teacher with his or her total
  265  proportionate share by August 1 based on the estimate of the
  266  number of teachers who will be employed on September 1. For a
  267  classroom teacher determined eligible after July 1, the district
  268  school board and each charter school board shall provide the
  269  teacher with his or her total proportionate share by September
  270  30. The proportionate share may be provided by any means
  271  determined appropriate by the district school board or charter
  272  school board, including, but not limited to, direct deposit,
  273  check, debit card, or purchasing card. If a debit card is used,
  274  an identifier must be placed on the front of the debit card
  275  which clearly indicates that the card has been issued for the
  276  Florida Teachers Classroom Supply Assistance Program.
  277  Expenditures under the program are not subject to state or local
  278  competitive bidding requirements. Funds received by a classroom
  279  teacher do not affect wages, hours, or terms and conditions of
  280  employment and, therefore, are not subject to collective
  281  bargaining. Any classroom teacher may decline receipt of or
  282  return the funds without explanation or cause.
  283         Section 4. This act shall take effect July 1, 2023.
  284  
  285  ================= T I T L E  A M E N D M E N T ================
  286  And the title is amended as follows:
  287         Delete everything before the enacting clause
  288  and insert:
  289                        A bill to be entitled                      
  290         An act relating to education; amending s. 1002.33,
  291         F.S.; revising which students may be eligible for an
  292         enrollment preference for charter schools; specifying
  293         training and reporting requirements for charter school
  294         sponsors; requiring the State Board of Education to
  295         adopt rules to implement a standard monitoring tool;
  296         amending s. 1012.56, F.S.; revising the length of time
  297         for which a statement of status of eligibility is
  298         valid; revising the length of time for which the
  299         department may issue a professional certificate;
  300         revising the requirements needed for a professional
  301         certificate; amending s. 1012.71, F.S.; revising the
  302         definition of the term “classroom teacher”; revising
  303         how a district school board calculates certain
  304         teachers’ shares of funds from the Florida Teachers
  305         Classroom Supply Assistance Program; providing an
  306         effective date.