Florida Senate - 2024 SB 1344
By Senator Calatayud
38-00726A-24 20241344__
1 A bill to be entitled
2 An act relating to computer science education;
3 amending s. 1003.01, F.S.; defining terms; amending s.
4 1003.41, F.S.; providing that state academic standards
5 include computer science skills; providing
6 requirements for computer science academic standards;
7 creating s. 1003.4202, F.S.; requiring K-12 public
8 schools to provide computer science instruction;
9 providing requirements for such instruction for
10 different grade levels; requiring the Department of
11 Education to identify in the Course Code Directory and
12 publish on its website specified computer science
13 courses; requiring the department to publish specified
14 information on its website relating to computer
15 science education and certain industry certifications;
16 requiring the Florida Virtual School to offer
17 specified computer science courses; requiring school
18 districts to provide access to specified courses under
19 certain circumstances; requiring the department to
20 adopt and publish by a specified date a strategic plan
21 for computer science education; providing requirements
22 for the strategic plan; authorizing the department to
23 award funding to a school district or consortium of
24 school districts for specified purposes, subject to
25 legislative appropriation; requiring the department to
26 establish a deadline for the submission of
27 applications; authorizing public elementary schools
28 and public middle schools to establish digital
29 classrooms; requiring public high schools to provide
30 students with opportunities to take computer science
31 courses and to earn certain certifications to satisfy
32 high school graduation requirements; requiring bonuses
33 to instructional personnel under certain conditions,
34 subject to legislative appropriation; providing for
35 the carrying forward of certain funds; creating the AI
36 in Education Task Force within the department;
37 providing the purpose of the task force; requiring the
38 Commissioner of Education to serve as the chair of the
39 task force; requiring the department to provide
40 certain administrative support to the task force;
41 requiring the Governor to appoint members to the task
42 force by a specified date; requiring the task force to
43 meet a certain number of times per year; providing the
44 duties of the task force; requiring the State Board of
45 Education to adopt rules; repealing s. 1007.2616,
46 F.S., relating to computer science and technology
47 instruction; amending ss. 11.45, 39.0016, 327.371,
48 414.1251, 553.865, 1001.11, 1002.01, 1002.20,
49 1002.3105, 1002.33, 1002.394, 1002.395, 1002.42,
50 1002.43, 1002.44, 1003.03, 1003.21, 1003.26, 1003.52,
51 1003.573, 1003.575, 1006.0626, 1006.07, 1008.24, and
52 1012.2315, F.S.; conforming cross-references;
53 providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Present subsections (5) through (17) of section
58 1003.01, Florida Statutes, are redesignated as subsections (7)
59 through (19), respectively, new subsections (5) and (6) are
60 added to that section, and present subsection (5) of that
61 section is amended, to read:
62 1003.01 Definitions.—As used in this chapter, the term:
63 (5) “Computational thinking” means the thought process
64 involved in expressing solutions as computational steps or
65 algorithms that can be carried out by a computer.
66 (6) “Computer science” means the study of computers and
67 algorithmic processes, including their principles, hardware and
68 software designs, applications, implementation, and impact on
69 society, and includes computer coding, computer programming,
70 computational thinking, robotics, cybersecurity, artificial
71 intelligence, machine learning, computer networking, and
72 physical computing.
73 (7)(5) “Core-curricula courses” means:
74 (a) Courses in language arts/reading, mathematics, social
75 studies, and science in prekindergarten through grade 3,
76 excluding extracurricular courses pursuant to subsection (13)
77 (11);
78 (b) Courses in grades 4 through 8 in subjects that are
79 measured by state assessment at any grade level and courses
80 required for middle school promotion, excluding extracurricular
81 courses pursuant to subsection (13) (11);
82 (c) Courses in grades 9 through 12 in subjects that are
83 measured by state assessment at any grade level and courses that
84 are specifically identified by name in statute as required for
85 high school graduation and that are not measured by state
86 assessment, excluding extracurricular courses pursuant to
87 subsection (13) (11);
88 (d) Exceptional student education courses; and
89 (e) English for Speakers of Other Languages courses.
90
91 The term is limited in meaning and used for the sole purpose of
92 designating classes that are subject to the maximum class size
93 requirements established in s. 1, Art. IX of the State
94 Constitution. This term does not include courses offered under
95 ss. 1002.321(3)(e), 1002.33(7)(a)2.c., 1002.37, 1002.45, and
96 1003.499.
97 Section 2. Subsection (1) of section 1003.41, Florida
98 Statutes, is amended, and paragraph (f) is added to subsection
99 (2) of that section, to read:
100 1003.41 State academic standards.—
101 (1) The state academic standards establish the core content
102 of the curricula to be taught in the state and specify the core
103 content knowledge and skills that K-12 public school students
104 are expected to acquire. Standards must be rigorous and relevant
105 and provide for the logical, sequential progression of core
106 curricular content that incrementally increases a student’s core
107 content knowledge and skills over time. Curricular content for
108 all subjects must integrate critical-thinking, problem-solving,
109 and workforce-literacy skills; communication, reading, and
110 writing skills; mathematics skills; collaboration skills;
111 contextual and applied-learning skills; technology-literacy
112 skills; computer science skills; information and media-literacy
113 skills; and civic-engagement skills. The standards must include
114 distinct grade-level expectations for the core content knowledge
115 and skills that a student is expected to have acquired by each
116 individual grade level from kindergarten through grade 8. The
117 standards for grades 9 through 12 may be organized by grade
118 clusters of more than one grade level except as otherwise
119 provided for visual and performing arts, physical education,
120 health, and foreign language standards.
121 (2) The state academic standards must meet the following
122 requirements:
123 (f) Computer science standards must establish specific
124 curricular content for, at a minimum, computer coding, computer
125 programming, computational thinking, robotics, cybersecurity,
126 artificial intelligence, machine learning, computer networking,
127 and physical computing. The standards for kindergarten through
128 grade 8 may be organized by grade clusters of more than one
129 grade level. The standards for grades 9 through 12 may be
130 organized by grade clusters of more than one grade level.
131 Section 3. Section 1003.4202, Florida Statutes, is created
132 to read:
133 1003.4202 Computer science and technology instruction.—
134 (1) K-12 public schools shall provide computer science
135 instruction in conformity with all of the following:
136 (a) Beginning with the 2025-2026 school year, each:
137 1. Elementary school shall provide computer science
138 instruction to develop in students a foundation for future
139 computer usage and achieving digital literacy.
140 2. Middle school shall provide computer science instruction
141 to develop in students a foundation for future computer usage
142 and achieving digital literacy.
143 3. High school or public charter high school shall offer at
144 least one computer science course that satisfies the
145 requirements for a student to obtain a standard high school
146 diploma under s. 1003.4282(3).
147 (b) Computer science courses or instruction in computer
148 science offered by a public school or public charter school
149 must:
150 1. Be of high quality, as defined by the State Board of
151 Education.
152 2. Meet or exceed the standards and curriculum requirements
153 established by the State Board of Education.
154 3. At the high school level, be aligned with content
155 required for, or that supports progress toward, computer
156 science-related industry certifications.
157 (2) The Department of Education shall identify in the
158 Course Code Directory and publish on its website computer
159 science courses identified as eligible for meeting requirements
160 for a standard high school diploma under s. 1003.4282(3).
161 Additional computer science courses may be subsequently
162 identified and posted on the department’s website.
163 (3) The department shall publish on its website the
164 computer science industry certification identified as eligible
165 for meeting requirements for a standard high school diploma
166 under s. 1003.4282(3). Additional computer science industry
167 certifications may be subsequently identified and posted on the
168 department’s website.
169 (4) The department shall identify in the Course Code
170 Directory and publish on its website the computer science
171 courses that meet the Scholar designation requirements for
172 mathematics, science, and electives as identified in s.
173 1003.4285(1)(a).
174 (5) The Florida Virtual School shall offer computer science
175 courses identified in the Course Code Directory pursuant to
176 subsection (2). If a school district does not offer an
177 identified course, the district must provide students access to
178 the course through the Florida Virtual School or through other
179 means approved by the department.
180 (6) The department shall adopt a strategic plan for a
181 statewide computer science education program which must be
182 published by October 31, 2025, and must include, at a minimum,
183 all of the following:
184 (a) A statement of purpose that describes the objectives or
185 goals the department will accomplish by implementing a computer
186 science education program, the strategies by which those goals
187 will be achieved, and a timeline for achieving those goals.
188 (b) A summary of the current state landscape for K-12
189 computer science education, including diversity of students
190 taking these courses.
191 (c) A plan for expanding flexible options to license
192 computer science teachers, which may include approval codes,
193 technical permits, ancillary licenses, and standard licenses.
194 (d) A plan for expanding computer science education
195 opportunities to every school in the state by the timelines
196 established in subsection (1).
197 (e) A plan for defining high-quality professional learning
198 for teachers to begin teaching computer science.
199 (f) An ongoing evaluation process that is overseen by the
200 department.
201 (g) Proposed rules that incorporate the principles of the
202 strategic plan into the state’s public education system as a
203 whole.
204 (h) A recommended long-term plan for implementing a
205 requirement that every K-12 public school and public charter
206 school employ at least one certified or endorsed computer
207 science teacher or one career and technical education teacher
208 trained in computer science. The plan must allow for this
209 requirement to be satisfied through multiple department-approved
210 processes for certification and endorsement, including, but not
211 limited to, endorsing a certified teacher endorsed in another
212 subject area.
213 (i) A plan to ensure long-term sustainability.
214 (7) Subject to legislative appropriation, the department
215 may award funding to a school district or a consortium of school
216 districts that applies for funding in a format prescribed by the
217 department. The funding must be used for training instructional
218 personnel or for fees for examinations of such personnel which
219 lead to a credential or professional development. The department
220 shall establish a deadline for the submission of applications.
221 (8) Public elementary schools and public middle schools may
222 establish digital classrooms in which students are provided
223 opportunities to learn digital skills, such as computer science,
224 multiple media presentation, and the manipulation of multiple
225 digital graphic images, and to earn digital tool certificates
226 and certifications pursuant to s. 1003.4203 and grade
227 appropriate, technology-related industry certifications.
228 (9) Public high schools must provide students with the
229 opportunity to take computer science courses and earn
230 technology-related industry certifications to satisfy high
231 school graduation requirements as provided in s. 1003.4282(3).
232 Computer science courses and technology-related industry
233 certifications that are identified as eligible for meeting
234 mathematics or science requirements for high school graduation
235 must be included in the Course Code Directory.
236 (10) Subject to legislative appropriation, instructional
237 personnel evaluated as effective or highly effective pursuant to
238 s. 1012.34 in the previous school year or instructional
239 personnel who were newly hired by the district school board and
240 have not been evaluated pursuant to s. 1012.34 must receive a
241 bonus as follows:
242 (a) If the individual holds an educator certificate in
243 computer science pursuant to s. 1012.56 or has passed the
244 computer science subject area examination and holds an adjunct
245 certificate issued by a school district pursuant to s. 1012.57,
246 he or she must receive a bonus of $1,000 after each year that he
247 or she completes teaching a computer science course identified
248 in the Course Code Directory pursuant to subsection (2) at a
249 public elementary, middle, high, or combination school in this
250 state, for up to 3 years.
251 (b) If the individual holds an industry certification
252 associated with a course identified in the Course Code Directory
253 pursuant to subsection (2), he or she must receive a bonus of
254 $500 after each year that he or she completes teaching the
255 identified course at a public elementary, middle, high, or
256 combination school in this state, for up to 3 years.
257
258 Eligible instructional personnel shall receive the bonus upon
259 completion of the school year in which he or she taught the
260 course but may not receive more than one bonus per year under
261 this subsection.
262 (11) Notwithstanding s. 216.301 and pursuant to s. 216.351,
263 funds allocated for the purpose of this section which are not
264 disbursed by June 30 of the fiscal year in which such funds are
265 allocated may be carried forward for up to 5 years after the
266 effective date of the original appropriation.
267 (12)(a) The AI in Education Task Force is established
268 within the department. The purpose of the task force is to
269 evaluate the potential applications of artificial intelligence
270 in K-12 and higher education and to develop policy
271 recommendations for responsible and effective uses of artificial
272 intelligence by students and educators, including creating a
273 definition for the term “artificial intelligence”. The task
274 force shall also identify workforce needs related to artificial
275 intelligence and provide policy recommendations to ensure that
276 the state develops education and workforce training programs
277 that align with changing industry needs.
278 (b) The Commissioner of Education shall serve as the chair
279 of the task force.
280 (c) The department shall provide administrative support for
281 the task force, including, but not limited to, developing
282 agendas, coordinating meetings, and drafting reports for task
283 force feedback.
284 (d) The task force shall include members who possess
285 knowledge or expertise in fields of education, technology,
286 artificial intelligence, ethics, data privacy, industry demands,
287 state and local policy, and state procurement.
288 (e) The Governor shall appoint members to the task force by
289 October 1, 2024. The members shall include, at a minimum:
290 1. A representative from the State Board of Education;
291 2. A representative from the Board of Governors of the
292 State University System;
293 3. A representative of the State Workforce Development
294 Board;
295 4. A representative from the Division of State Purchasing
296 within the Department of Management Services who has expertise
297 in technology procurement and data privacy standards;
298 5. A representative from the Office of the Attorney
299 General;
300 6. One local school board member and one local district
301 school superintendent, each representing a rural school
302 district, a suburban school district, and an urban school
303 district, respectively;
304 7. A school district educational technology director;
305 8. Faculty in this state with expertise on artificial
306 intelligence, educational technology, or ethics from a public
307 college, a private college, and a community or technical
308 college, respectively;
309 9. Educators from one public school, one public charter
310 school, and one private school in this state; and
311 10. Leaders from three industry sectors in this state which
312 are directly affected by developments in artificial
313 intelligence.
314 (f) The task force shall meet at least four times per year
315 beginning in January of 2025 and shall complete its work within
316 1 year. Upon completion, the task force shall submit
317 recommendations to the Governor, the President of the Senate,
318 and the Speaker of the House of Representatives. All meetings
319 must be open to the public.
320 (g) The task force shall do all of the following:
321 1. Evaluate the current state of artificial intelligence
322 technology and its potential applications in K-12 and higher
323 education.
324 2. Assess the ethical, legal, and data privacy implications
325 of artificial intelligence usage in education.
326 (13) The State Board of Education shall adopt rules to
327 administer this section.
328 Section 4. Section 1007.2616, Florida Statutes, is
329 repealed.
330 Section 5. Paragraph (k) of subsection (2) of section
331 11.45, Florida Statutes, is amended to read:
332 11.45 Definitions; duties; authorities; reports; rules.—
333 (2) DUTIES.—The Auditor General shall:
334 (k) Contact each district school board, as defined in s.
335 1003.01 s. 1003.01(7), with the findings and recommendations
336 contained within the Auditor General’s previous operational
337 audit report. The district school board shall provide the
338 Auditor General with evidence of the initiation of corrective
339 action within 45 days after the date it is requested by the
340 Auditor General and evidence of completion of corrective action
341 within 180 days after the date it is requested by the Auditor
342 General. If the district school board fails to comply with the
343 Auditor General’s request or is unable to take corrective action
344 within the required timeframe, the Auditor General shall notify
345 the Legislative Auditing Committee.
346
347 The Auditor General shall perform his or her duties
348 independently but under the general policies established by the
349 Legislative Auditing Committee. This subsection does not limit
350 the Auditor General’s discretionary authority to conduct other
351 audits or engagements of governmental entities as authorized in
352 subsection (3).
353 Section 6. Paragraph (b) of subsection (3) of section
354 39.0016, Florida Statutes, is amended to read:
355 39.0016 Education of abused, neglected, and abandoned
356 children; agency agreements; children having or suspected of
357 having a disability.—
358 (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
359 (b)1. Each district school superintendent or dependency
360 court must appoint a surrogate parent for a child known to the
361 department who has or is suspected of having a disability, as
362 defined in s. 1003.01 s. 1003.01(9), when:
363 a. After reasonable efforts, no parent can be located; or
364 b. A court of competent jurisdiction over a child under
365 this chapter has determined that no person has the authority
366 under the Individuals with Disabilities Education Act, including
367 the parent or parents subject to the dependency action, or that
368 no person has the authority, willingness, or ability to serve as
369 the educational decisionmaker for the child without judicial
370 action.
371 2. A surrogate parent appointed by the district school
372 superintendent or the court must be at least 18 years old and
373 have no personal or professional interest that conflicts with
374 the interests of the student to be represented. Neither the
375 district school superintendent nor the court may appoint an
376 employee of the Department of Education, the local school
377 district, a community-based care provider, the Department of
378 Children and Families, or any other public or private agency
379 involved in the education or care of the child as appointment of
380 those persons is prohibited by federal law. This prohibition
381 includes group home staff and therapeutic foster parents.
382 However, a person who acts in a parental role to a child, such
383 as a foster parent or relative caregiver, is not prohibited from
384 serving as a surrogate parent if he or she is employed by such
385 agency, willing to serve, and knowledgeable about the child and
386 the exceptional student education process. The surrogate parent
387 may be a court-appointed guardian ad litem or a relative or
388 nonrelative adult who is involved in the child’s life regardless
389 of whether that person has physical custody of the child. Each
390 person appointed as a surrogate parent must have the knowledge
391 and skills acquired by successfully completing training using
392 materials developed and approved by the Department of Education
393 to ensure adequate representation of the child.
394 3. If a guardian ad litem has been appointed for a child,
395 the district school superintendent must first consider the
396 child’s guardian ad litem when appointing a surrogate parent.
397 The district school superintendent must accept the appointment
398 of the court if he or she has not previously appointed a
399 surrogate parent. Similarly, the court must accept a surrogate
400 parent duly appointed by a district school superintendent.
401 4. A surrogate parent appointed by the district school
402 superintendent or the court must be accepted by any subsequent
403 school or school district without regard to where the child is
404 receiving residential care so that a single surrogate parent can
405 follow the education of the child during his or her entire time
406 in state custody. Nothing in this paragraph or in rule shall
407 limit or prohibit the continuance of a surrogate parent
408 appointment when the responsibility for the student’s
409 educational placement moves among and between public and private
410 agencies.
411 5. For a child known to the department, the responsibility
412 to appoint a surrogate parent resides with both the district
413 school superintendent and the court with jurisdiction over the
414 child. If the court elects to appoint a surrogate parent, notice
415 shall be provided as soon as practicable to the child’s school.
416 At any time the court determines that it is in the best
417 interests of a child to remove a surrogate parent, the court may
418 appoint a new surrogate parent for educational decisionmaking
419 purposes for that child.
420 6. The surrogate parent shall continue in the appointed
421 role until one of the following occurs:
422 a. The child is determined to no longer be eligible or in
423 need of special programs, except when termination of special
424 programs is being contested.
425 b. The child achieves permanency through adoption or legal
426 guardianship and is no longer in the custody of the department.
427 c. The parent who was previously unknown becomes known,
428 whose whereabouts were unknown is located, or who was
429 unavailable is determined by the court to be available.
430 d. The appointed surrogate no longer wishes to represent
431 the child or is unable to represent the child.
432 e. The superintendent of the school district in which the
433 child is attending school, the Department of Education contract
434 designee, or the court that appointed the surrogate determines
435 that the appointed surrogate parent no longer adequately
436 represents the child.
437 f. The child moves to a geographic location that is not
438 reasonably accessible to the appointed surrogate.
439 7. The appointment and termination of appointment of a
440 surrogate under this paragraph shall be entered as an order of
441 the court with a copy of the order provided to the child’s
442 school as soon as practicable.
443 8. The person appointed as a surrogate parent under this
444 paragraph must:
445 a. Be acquainted with the child and become knowledgeable
446 about his or her disability and educational needs.
447 b. Represent the child in all matters relating to
448 identification, evaluation, and educational placement and the
449 provision of a free and appropriate education to the child.
450 c. Represent the interests and safeguard the rights of the
451 child in educational decisions that affect the child.
452 9. The responsibilities of the person appointed as a
453 surrogate parent shall not extend to the care, maintenance,
454 custody, residential placement, or any other area not
455 specifically related to the education of the child, unless the
456 same person is appointed by the court for such other purposes.
457 10. A person appointed as a surrogate parent shall enjoy
458 all of the procedural safeguards afforded a parent with respect
459 to the identification, evaluation, and educational placement of
460 a student with a disability or a student who is suspected of
461 having a disability.
462 11. A person appointed as a surrogate parent shall not be
463 held liable for actions taken in good faith on behalf of the
464 student in protecting the special education rights of the child.
465 Section 7. Paragraph (c) of subsection (1) of section
466 327.371, Florida Statutes, is amended to read:
467 327.371 Human-powered vessels regulated.—
468 (1) A person may operate a human-powered vessel within the
469 boundaries of the marked channel of the Florida Intracoastal
470 Waterway as defined in s. 327.02:
471 (c) When participating in practices or competitions for
472 interscholastic, intercollegiate, intramural, or club rowing
473 teams affiliated with an educational institution identified in
474 s. 1000.21, s. 1002.01(3), s. 1003.01 s. 1003.01(17), s.
475 1005.02(4), or s. 1005.03(1)(d), if the adjacent area outside of
476 the marked channel is not suitable for such practice or
477 competition. The teams must use their best efforts to make use
478 of the adjacent area outside of the marked channel. The
479 commission must be notified in writing of the details of any
480 such competition, and the notification must include, but need
481 not be limited to, the date, time, and location of the
482 competition.
483 Section 8. Subsection (1) of section 414.1251, Florida
484 Statutes, is amended to read:
485 414.1251 Learnfare program.—
486 (1) The department shall reduce the temporary cash
487 assistance for a participant’s eligible dependent child or for
488 an eligible teenage participant who has not been exempted from
489 education participation requirements, if the eligible dependent
490 child or eligible teenage participant has been identified either
491 as a habitual truant, pursuant to s. 1003.01 s. 1003.01(12), or
492 as a dropout, pursuant to s. 1003.01 s. 1003.01(8). For a
493 student who has been identified as a habitual truant, the
494 temporary cash assistance must be reinstated after a subsequent
495 grading period in which the child’s attendance has substantially
496 improved. For a student who has been identified as a dropout,
497 the temporary cash assistance must be reinstated after the
498 student enrolls in a public school, receives a high school
499 diploma or its equivalency, enrolls in preparation for the high
500 school equivalency examination, or enrolls in other educational
501 activities approved by the district school board. Good cause
502 exemptions from the rule of unexcused absences include the
503 following:
504 (a) The student is expelled from school and alternative
505 schooling is not available.
506 (b) No licensed day care is available for a child of teen
507 parents subject to Learnfare.
508 (c) Prohibitive transportation problems exist (e.g., to and
509 from day care).
510
511 Within 10 days after sanction notification, the participant
512 parent of a dependent child or the teenage participant may file
513 an internal fair hearings process review procedure appeal, and
514 no sanction shall be imposed until the appeal is resolved.
515 Section 9. Paragraph (g) of subsection (3) of section
516 553.865, Florida Statutes, is amended to read:
517 553.865 Private spaces.—
518 (3) As used in this section, the term:
519 (g) “K-12 educational institution or facility” means:
520 1. A school as defined in s. 1003.01 s. 1003.01(17)
521 operated under the control of a district school board as defined
522 in s. 1003.01 s. 1003.01(7);
523 2. The Florida School for the Deaf and the Blind as
524 described in ss. 1000.04(4) and 1002.36;
525 3. A developmental research (laboratory) school established
526 pursuant to s. 1002.32(2);
527 4. A charter school authorized under s. 1002.33; or
528 5. A private school as defined in s. 1002.01(3).
529 Section 10. Subsection (7) of section 1001.11, Florida
530 Statutes, is amended to read:
531 1001.11 Commissioner of Education; other duties.—
532 (7) The commissioner shall make prominently available on
533 the department’s website the following: links to the Internet
534 based clearinghouse for professional development regarding
535 physical education; the school wellness and physical education
536 policies and other resources required under s. 1003.453; and
537 other Internet sites that provide professional development for
538 elementary teachers of physical education as defined in s.
539 1003.01 s. 1003.01(15). These links must provide elementary
540 teachers with information concerning current physical education
541 and nutrition philosophy and best practices that result in
542 student participation in physical activities that promote
543 lifelong physical and mental well-being.
544 Section 11. Section 1002.01, Florida Statutes, is amended
545 to read:
546 1002.01 Definitions.—
547 (1) A “home education program” means the sequentially
548 progressive instruction of a student directed by his or her
549 parent to satisfy the attendance requirements of ss. 1002.41,
550 1003.01, and 1003.21(1) ss. 1002.41, 1003.01(16), and
551 1003.21(1).
552 (2) A “personalized education program” means the
553 sequentially progressive instruction of a student directed by
554 his or her parent to satisfy the attendance requirements of ss.
555 1003.01 and 1003.21(1) ss. 1003.01(16) and 1003.21(1) while
556 registered with an eligible nonprofit scholarship-funding
557 organization pursuant to s. 1002.395. A personalized education
558 student shall be provided the same flexibility and opportunities
559 as provided in s. 1002.41(3)-(12).
560 (3) A “private school” is a nonpublic school defined as an
561 individual, association, copartnership, or corporation, or
562 department, division, or section of such organizations, that
563 designates itself as an educational center that includes
564 kindergarten or a higher grade or as an elementary, secondary,
565 business, technical, or trade school below college level or any
566 organization that provides instructional services that meet the
567 intent of s. 1003.01(18) s. 1003.01(16) or that gives
568 preemployment or supplementary training in technology or in
569 fields of trade or industry or that offers academic, literary,
570 or career training below college level, or any combination of
571 the above, including an institution that performs the functions
572 of the above schools through correspondence or extension, except
573 those licensed under the provisions of chapter 1005. A private
574 school may be a parochial, religious, denominational, for
575 profit, or nonprofit school. This definition does not include
576 home education programs conducted in accordance with s. 1002.41.
577 Section 12. Paragraph (b) of subsection (2) of section
578 1002.20, Florida Statutes, is amended to read:
579 1002.20 K-12 student and parent rights.—Parents of public
580 school students must receive accurate and timely information
581 regarding their child’s academic progress and must be informed
582 of ways they can help their child to succeed in school. K-12
583 students and their parents are afforded numerous statutory
584 rights including, but not limited to, the following:
585 (2) ATTENDANCE.—
586 (b) Regular school attendance.—Parents of students who have
587 attained the age of 6 years by February 1 of any school year but
588 who have not attained the age of 16 years must comply with the
589 compulsory school attendance laws. Parents have the option to
590 comply with the school attendance laws by attendance of the
591 student in a public school; a parochial, religious, or
592 denominational school; a private school; a home education
593 program; or a private tutoring program, in accordance with the
594 provisions of s. 1003.01(18) s. 1003.01(16).
595 Section 13. Paragraph (d) of subsection (3) of section
596 1002.3105, Florida Statutes, is amended to read:
597 1002.3105 Academically Challenging Curriculum to Enhance
598 Learning (ACCEL) options.—
599 (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing
600 student eligibility requirements, principals and school
601 districts must consider, at a minimum:
602 (d) Recommendations from one or more of the student’s
603 teachers in core-curricula courses as defined in s. 1003.01 s.
604 1003.01(5)(a)-(e).
605 Section 14. Paragraph (a) of subsection (20) of section
606 1002.33, Florida Statutes, is amended to read:
607 1002.33 Charter schools.—
608 (20) SERVICES.—
609 (a)1. A sponsor shall provide certain administrative and
610 educational services to charter schools. These services shall
611 include contract management services; full-time equivalent and
612 data reporting services; exceptional student education
613 administration services; services related to eligibility and
614 reporting duties required to ensure that school lunch services
615 under the National School Lunch Program, consistent with the
616 needs of the charter school, are provided by the sponsor at the
617 request of the charter school, that any funds due to the charter
618 school under the National School Lunch Program be paid to the
619 charter school as soon as the charter school begins serving food
620 under the National School Lunch Program, and that the charter
621 school is paid at the same time and in the same manner under the
622 National School Lunch Program as other public schools serviced
623 by the sponsor or the school district; test administration
624 services, including payment of the costs of state-required or
625 district-required student assessments; processing of teacher
626 certificate data services; and information services, including
627 equal access to the sponsor’s student information systems that
628 are used by public schools in the district in which the charter
629 school is located or by schools in the sponsor’s portfolio of
630 charter schools if the sponsor is not a school district. Student
631 performance data for each student in a charter school,
632 including, but not limited to, FCAT scores, standardized test
633 scores, previous public school student report cards, and student
634 performance measures, shall be provided by the sponsor to a
635 charter school in the same manner provided to other public
636 schools in the district or by schools in the sponsor’s portfolio
637 of charter schools if the sponsor is not a school district.
638 2. A sponsor shall provide training to charter schools on
639 systems the sponsor will require the charter school to use.
640 3. A sponsor may withhold an administrative fee for the
641 provision of such services which shall be a percentage of the
642 available funds defined in paragraph (17)(b) calculated based on
643 weighted full-time equivalent students. If the charter school
644 serves 75 percent or more exceptional education students as
645 defined in s. 1003.01 s. 1003.01(9), the percentage shall be
646 calculated based on unweighted full-time equivalent students.
647 The administrative fee shall be calculated as follows:
648 a. Up to 5 percent for:
649 (I) Enrollment of up to and including 250 students in a
650 charter school as defined in this section.
651 (II) Enrollment of up to and including 500 students within
652 a charter school system which meets all of the following:
653 (A) Includes conversion charter schools and nonconversion
654 charter schools.
655 (B) Has all of its schools located in the same county.
656 (C) Has a total enrollment exceeding the total enrollment
657 of at least one school district in this state.
658 (D) Has the same governing board for all of its schools.
659 (E) Does not contract with a for-profit service provider
660 for management of school operations.
661 (III) Enrollment of up to and including 250 students in a
662 virtual charter school.
663 b. Up to 2 percent for enrollment of up to and including
664 250 students in a high-performing charter school as defined in
665 s. 1002.331.
666 c. Up to 2 percent for enrollment of up to and including
667 250 students in an exceptional student education center that
668 meets the requirements of the rules adopted by the State Board
669 of Education pursuant to s. 1008.3415(3).
670 4. A sponsor may not charge charter schools any additional
671 fees or surcharges for administrative and educational services
672 in addition to the maximum percentage of administrative fees
673 withheld pursuant to this paragraph. A sponsor may not charge or
674 withhold any administrative fee against a charter school for any
675 funds specifically allocated by the Legislature for teacher
676 compensation.
677 5. A sponsor shall provide to the department by September
678 15 of each year the total amount of funding withheld from
679 charter schools pursuant to this subsection for the prior fiscal
680 year. The department must include the information in the report
681 required under sub-sub-subparagraph (5)(b)1.k.(III).
682 6. A sponsor shall annually provide a report to its charter
683 schools on what services are being rendered from the sponsor’s
684 portion of the administrative fee. The report must include the
685 listed services and be submitted to the department by September
686 15 of each year.
687 Section 15. Subsections (4) and (10) of section 1002.394,
688 Florida Statutes, are amended to read:
689 1002.394 The Family Empowerment Scholarship Program.—
690 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
691 (a) Program funds awarded to a student determined eligible
692 pursuant to paragraph (3)(a) may be used for:
693 1. Tuition and fees at an eligible private school.
694 2. Transportation to a Florida public school in which a
695 student is enrolled and that is different from the school to
696 which the student was assigned or to a lab school as defined in
697 s. 1002.32.
698 3. Instructional materials, including digital materials and
699 Internet resources.
700 4. Curriculum as defined in subsection (2).
701 5. Tuition and fees associated with full-time or part-time
702 enrollment in an eligible postsecondary educational institution
703 or a program offered by the postsecondary educational
704 institution, unless the program is subject to s. 1009.25 or
705 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
706 program as defined in s. 446.021(5) which is not subject to s.
707 1009.25 and complies with all applicable requirements of the
708 department pursuant to chapter 1005; a private tutoring program
709 authorized under s. 1002.43; a virtual program offered by a
710 department-approved private online provider that meets the
711 provider qualifications specified in s. 1002.45(2)(a); the
712 Florida Virtual School as a private paying student; or an
713 approved online course offered pursuant to s. 1003.499 or s.
714 1004.0961.
715 6. Fees for nationally standardized, norm-referenced
716 achievement tests, Advanced Placement Examinations, industry
717 certification examinations, assessments related to postsecondary
718 education, or other assessments.
719 7. Contracted services provided by a public school or
720 school district, including classes. A student who receives
721 contracted services under this subparagraph is not considered
722 enrolled in a public school for eligibility purposes as
723 specified in subsection (6) but rather attending a public school
724 on a part-time basis as authorized under s. 1002.44.
725 8. Tuition and fees for part-time tutoring services or fees
726 for services provided by a choice navigator. Such services must
727 be provided by a person who holds a valid Florida educator’s
728 certificate pursuant to s. 1012.56, a person who holds an
729 adjunct teaching certificate pursuant to s. 1012.57, a person
730 who has a bachelor’s degree or a graduate degree in the subject
731 area in which instruction is given, a person who has
732 demonstrated a mastery of subject area knowledge pursuant to s.
733 1012.56(5), or a person certified by a nationally or
734 internationally recognized research-based training program as
735 approved by the department. As used in this subparagraph, the
736 term “part-time tutoring services” does not qualify as regular
737 school attendance as defined in s. 1003.01(18)(e) s.
738 1003.01(16)(e).
739 (b) Program funds awarded to a student with a disability
740 determined eligible pursuant to paragraph (3)(b) may be used for
741 the following purposes:
742 1. Instructional materials, including digital devices,
743 digital periphery devices, and assistive technology devices that
744 allow a student to access instruction or instructional content
745 and training on the use of and maintenance agreements for these
746 devices.
747 2. Curriculum as defined in subsection (2).
748 3. Specialized services by approved providers or by a
749 hospital in this state which are selected by the parent. These
750 specialized services may include, but are not limited to:
751 a. Applied behavior analysis services as provided in ss.
752 627.6686 and 641.31098.
753 b. Services provided by speech-language pathologists as
754 defined in s. 468.1125(8).
755 c. Occupational therapy as defined in s. 468.203.
756 d. Services provided by physical therapists as defined in
757 s. 486.021(8).
758 e. Services provided by listening and spoken language
759 specialists and an appropriate acoustical environment for a
760 child who has a hearing impairment, including deafness, and who
761 has received an implant or assistive hearing device.
762 4. Tuition and fees associated with full-time or part-time
763 enrollment in a home education program; an eligible private
764 school; an eligible postsecondary educational institution or a
765 program offered by the postsecondary educational institution,
766 unless the program is subject to s. 1009.25 or reimbursed
767 pursuant to s. 1009.30; an approved preapprenticeship program as
768 defined in s. 446.021(5) which is not subject to s. 1009.25 and
769 complies with all applicable requirements of the department
770 pursuant to chapter 1005; a private tutoring program authorized
771 under s. 1002.43; a virtual program offered by a department
772 approved private online provider that meets the provider
773 qualifications specified in s. 1002.45(2)(a); the Florida
774 Virtual School as a private paying student; or an approved
775 online course offered pursuant to s. 1003.499 or s. 1004.0961.
776 5. Fees for nationally standardized, norm-referenced
777 achievement tests, Advanced Placement Examinations, industry
778 certification examinations, assessments related to postsecondary
779 education, or other assessments.
780 6. Contributions to the Stanley G. Tate Florida Prepaid
781 College Program pursuant to s. 1009.98 or the Florida College
782 Savings Program pursuant to s. 1009.981 for the benefit of the
783 eligible student.
784 7. Contracted services provided by a public school or
785 school district, including classes. A student who receives
786 services under a contract under this paragraph is not considered
787 enrolled in a public school for eligibility purposes as
788 specified in subsection (6) but rather attending a public school
789 on a part-time basis as authorized under s. 1002.44.
790 8. Tuition and fees for part-time tutoring services or fees
791 for services provided by a choice navigator. Such services must
792 be provided by a person who holds a valid Florida educator’s
793 certificate pursuant to s. 1012.56, a person who holds an
794 adjunct teaching certificate pursuant to s. 1012.57, a person
795 who has a bachelor’s degree or a graduate degree in the subject
796 area in which instruction is given, a person who has
797 demonstrated a mastery of subject area knowledge pursuant to s.
798 1012.56(5), or a person certified by a nationally or
799 internationally recognized research-based training program as
800 approved by the department. As used in this subparagraph, the
801 term “part-time tutoring services” does not qualify as regular
802 school attendance as defined in s. 1003.01 s. 1003.01(16)(e).
803 9. Fees for specialized summer education programs.
804 10. Fees for specialized after-school education programs.
805 11. Transition services provided by job coaches.
806 12. Fees for an annual evaluation of educational progress
807 by a state-certified teacher under s. 1002.41(1)(f), if this
808 option is chosen for a home education student.
809 13. Tuition and fees associated with programs offered by
810 Voluntary Prekindergarten Education Program providers approved
811 pursuant to s. 1002.55 and school readiness providers approved
812 pursuant to s. 1002.88.
813 14. Fees for services provided at a center that is a member
814 of the Professional Association of Therapeutic Horsemanship
815 International.
816 15. Fees for services provided by a therapist who is
817 certified by the Certification Board for Music Therapists or
818 credentialed by the Art Therapy Credentials Board, Inc.
819 (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
820 PARTICIPATION.—
821 (a) A parent who applies for program participation under
822 paragraph (3)(a) whose student will be enrolled full time in a
823 private school must:
824 1. Select the private school and apply for the admission of
825 his or her student.
826 2. Request the scholarship by a date established by the
827 organization, in a manner that creates a written or electronic
828 record of the request and the date of receipt of the request.
829 3. Inform the applicable school district when the parent
830 withdraws his or her student from a public school to attend an
831 eligible private school.
832 4. Require his or her student participating in the program
833 to remain in attendance throughout the school year unless
834 excused by the school for illness or other good cause.
835 5. Meet with the private school’s principal or the
836 principal’s designee to review the school’s academic programs
837 and policies, specialized services, code of student conduct, and
838 attendance policies before enrollment.
839 6. Require that the student participating in the
840 scholarship program takes the norm-referenced assessment offered
841 by the private school. The parent may also choose to have the
842 student participate in the statewide assessments pursuant to
843 paragraph (7)(d). If the parent requests that the student
844 participating in the program take all statewide assessments
845 required pursuant to s. 1008.22, the parent is responsible for
846 transporting the student to the assessment site designated by
847 the school district.
848 7. Approve each payment before the scholarship funds may be
849 deposited by funds transfer pursuant to subparagraph (12)(a)4.
850 The parent may not designate any entity or individual associated
851 with the participating private school as the parent’s attorney
852 in fact to approve a funds transfer. A participant who fails to
853 comply with this paragraph forfeits the scholarship.
854 8. Agree to have the organization commit scholarship funds
855 on behalf of his or her student for tuition and fees for which
856 the parent is responsible for payment at the private school
857 before using empowerment account funds for additional authorized
858 uses under paragraph (4)(a). A parent is responsible for all
859 eligible expenses in excess of the amount of the scholarship.
860 (b) A parent who applies for program participation under
861 paragraph (3)(b) is exercising his or her parental option to
862 determine the appropriate placement or the services that best
863 meet the needs of his or her child and must:
864 1. Apply to an eligible nonprofit scholarship-funding
865 organization to participate in the program by a date set by the
866 organization. The request must be communicated directly to the
867 organization in a manner that creates a written or electronic
868 record of the request and the date of receipt of the request.
869 2. Sign an agreement with the organization and annually
870 submit a sworn compliance statement to the organization to
871 satisfy or maintain program eligibility, including eligibility
872 to receive and spend program payments by:
873 a. Affirming that the student is enrolled in a program that
874 meets regular school attendance requirements as provided in s.
875 1003.01(18)(b), (c), or (d) s. 1003.01(16)(b), (c), or (d).
876 b. Affirming that the program funds are used only for
877 authorized purposes serving the student’s educational needs, as
878 described in paragraph (4)(b); that any prepaid college plan or
879 college savings plan funds contributed pursuant to subparagraph
880 (4)(b)6. will not be transferred to another beneficiary while
881 the plan contains funds contributed pursuant to this section;
882 and that they will not receive a payment, refund, or rebate of
883 any funds provided under this section.
884 c. Affirming that the parent is responsible for all
885 eligible expenses in excess of the amount of the scholarship and
886 for the education of his or her student by, as applicable:
887 (I) Requiring the student to take an assessment in
888 accordance with paragraph (9)(c);
889 (II) Providing an annual evaluation in accordance with s.
890 1002.41(1)(f); or
891 (III) Requiring the child to take any preassessments and
892 postassessments selected by the provider if the child is 4 years
893 of age and is enrolled in a program provided by an eligible
894 Voluntary Prekindergarten Education Program provider. A student
895 with disabilities for whom the physician or psychologist who
896 issued the diagnosis or the IEP team determines that a
897 preassessment and postassessment is not appropriate is exempt
898 from this requirement. A participating provider shall report a
899 student’s scores to the parent.
900 d. Affirming that the student remains in good standing with
901 the provider or school if those options are selected by the
902 parent.
903 e. Enrolling his or her child in a program from a Voluntary
904 Prekindergarten Education Program provider authorized under s.
905 1002.55, a school readiness provider authorized under s.
906 1002.88, or an eligible private school if either option is
907 selected by the parent.
908 f. Renewing participation in the program each year. A
909 student whose participation in the program is not renewed may
910 continue to spend scholarship funds that are in his or her
911 account from prior years unless the account must be closed
912 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
913 the student’s IEP, a student who was previously eligible for
914 participation in the program shall remain eligible to apply for
915 renewal. However, for a high-risk child to continue to
916 participate in the program in the school year after he or she
917 reaches 6 years of age, the child’s application for renewal of
918 program participation must contain documentation that the child
919 has a disability defined in paragraph (2)(e) other than high
920 risk status.
921 g. Procuring the services necessary to educate the student.
922 If such services include enrollment in an eligible private
923 school, the parent must meet with the private school’s principal
924 or the principal’s designee to review the school’s academic
925 programs and policies, specialized services, code of student
926 conduct, and attendance policies before his or her student is
927 enrolled. When the student receives a scholarship, the district
928 school board is not obligated to provide the student with a free
929 appropriate public education. For purposes of s. 1003.57 and the
930 Individuals with Disabilities in Education Act, a participating
931 student has only those rights that apply to all other
932 unilaterally parentally placed students, except that, when
933 requested by the parent, school district personnel must develop
934 an IEP or matrix level of services.
935 (c) A participant who fails to comply with this subsection
936 forfeits the scholarship.
937 Section 16. Paragraphs (d) and (e) of subsection (6) of
938 section 1002.395, Florida Statutes, are amended to read:
939 1002.395 Florida Tax Credit Scholarship Program.—
940 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
941 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
942 organization:
943 (d)1. For the 2023-2024 school year, may fund no more than
944 20,000 scholarships for students who are enrolled pursuant to
945 paragraph (7)(b). The number of scholarships funded for such
946 students may increase by 40,000 in each subsequent school year.
947 This subparagraph is repealed July 1, 2027.
948 2. Must establish and maintain separate empowerment
949 accounts from eligible contributions for each eligible student.
950 For each account, the organization must maintain a record of
951 accrued interest retained in the student’s account. The
952 organization must verify that scholarship funds are used for:
953 a. Tuition and fees for full-time or part-time enrollment
954 in an eligible private school.
955 b. Transportation to a Florida public school in which a
956 student is enrolled and that is different from the school to
957 which the student was assigned or to a lab school as defined in
958 s. 1002.32.
959 c. Instructional materials, including digital materials and
960 Internet resources.
961 d. Curriculum as defined in s. 1002.394(2).
962 e. Tuition and fees associated with full-time or part-time
963 enrollment in a home education instructional program; an
964 eligible postsecondary educational institution or a program
965 offered by the postsecondary educational institution, unless the
966 program is subject to s. 1009.25 or reimbursed pursuant to s.
967 1009.30; an approved preapprenticeship program as defined in s.
968 446.021(5) which is not subject to s. 1009.25 and complies with
969 all applicable requirements of the Department of Education
970 pursuant to chapter 1005; a private tutoring program authorized
971 under s. 1002.43; a virtual program offered by a department
972 approved private online provider that meets the provider
973 qualifications specified in s. 1002.45(2)(a); the Florida
974 Virtual School as a private paying student; or an approved
975 online course offered pursuant to s. 1003.499 or s. 1004.0961.
976 f. Fees for nationally standardized, norm-referenced
977 achievement tests, Advanced Placement Examinations, industry
978 certification examinations, assessments related to postsecondary
979 education, or other assessments.
980 g. Contracted services provided by a public school or
981 school district, including classes. A student who receives
982 contracted services under this sub-subparagraph is not
983 considered enrolled in a public school for eligibility purposes
984 as specified in subsection (11) but rather attending a public
985 school on a part-time basis as authorized under s. 1002.44.
986 h. Tuition and fees for part-time tutoring services or fees
987 for services provided by a choice navigator. Such services must
988 be provided by a person who holds a valid Florida educator’s
989 certificate pursuant to s. 1012.56, a person who holds an
990 adjunct teaching certificate pursuant to s. 1012.57, a person
991 who has a bachelor’s degree or a graduate degree in the subject
992 area in which instruction is given, a person who has
993 demonstrated a mastery of subject area knowledge pursuant to s.
994 1012.56(5), or a person certified by a nationally or
995 internationally recognized research-based training program as
996 approved by the Department of Education. As used in this
997 paragraph, the term “part-time tutoring services” does not
998 qualify as regular school attendance as defined in s. 1003.01 s.
999 1003.01(16)(e).
1000 (e) For students determined eligible pursuant to paragraph
1001 (7)(b), must:
1002 1. Maintain a signed agreement from the parent which
1003 constitutes compliance with the attendance requirements under
1004 ss. 1003.01(18) and 1003.21(1) ss. 1003.01(16) and 1003.21(1).
1005 2. Receive eligible student test scores and, beginning with
1006 the 2027-2028 school year, by August 15, annually report test
1007 scores for students pursuant to paragraph (7)(b) to a state
1008 university pursuant to paragraph (9)(f).
1009 3. Provide parents with information, guidance, and support
1010 to create and annually update a student learning plan for their
1011 student. The organization must maintain the plan and allow
1012 parents to electronically submit, access, and revise the plan
1013 continuously.
1014 4. Upon submission by the parent of an annual student
1015 learning plan, fund a scholarship for a student determined
1016 eligible.
1017
1018 Information and documentation provided to the Department of
1019 Education and the Auditor General relating to the identity of a
1020 taxpayer that provides an eligible contribution under this
1021 section shall remain confidential at all times in accordance
1022 with s. 213.053.
1023 Section 17. Subsection (7) of section 1002.42, Florida
1024 Statutes, is amended to read:
1025 1002.42 Private schools.—
1026 (7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a
1027 private, parochial, religious, or denominational school
1028 satisfies the attendance requirements of ss. 1003.01(18) and
1029 1003.21(1) ss. 1003.01(16) and 1003.21(1).
1030 Section 18. Subsection (1) of section 1002.43, Florida
1031 Statutes, is amended to read:
1032 1002.43 Private tutoring programs.—
1033 (1) Regular school attendance as defined in s. 1003.01 s.
1034 1003.01(16) may be achieved by attendance in a private tutoring
1035 program if the person tutoring the student meets the following
1036 requirements:
1037 (a) Holds a valid Florida certificate to teach the subjects
1038 or grades in which instruction is given.
1039 (b) Keeps all records and makes all reports required by the
1040 state and district school board and makes regular reports on the
1041 attendance of students in accordance with the provisions of s.
1042 1003.23(2).
1043 (c) Requires students to be in actual attendance for the
1044 minimum length of time prescribed by s. 1011.60(2).
1045 Section 19. Subsections (1) and (3) of section 1002.44,
1046 Florida Statutes, are amended to read:
1047 1002.44 Part-time public school enrollment.—
1048 (1) Any public school in this state, including a charter
1049 school, may enroll a student who meets the regular school
1050 attendance criteria in s. 1003.01 s. 1003.01(16)(b)-(f) on a
1051 part-time basis, subject to space and availability according to
1052 the school’s capacity determined pursuant to s. 1002.31(2)(b).
1053 (3) A student attending a public school on a part-time
1054 basis pursuant to this section is not considered to be in
1055 regular attendance at a public school as defined in s. 1003.01
1056 s. 1003.01(16)(a).
1057 Section 20. Subsection (6) of section 1003.03, Florida
1058 Statutes, is amended to read:
1059 1003.03 Maximum class size.—
1060 (6) COURSES FOR COMPLIANCE.—Consistent with s. 1003.01 s.
1061 1003.01(5), the Department of Education shall identify from the
1062 Course Code Directory the core-curricula courses for the purpose
1063 of satisfying the maximum class size requirement in this
1064 section. The department may adopt rules to implement this
1065 subsection, if necessary.
1066 Section 21. Subsection (4) of section 1003.21, Florida
1067 Statutes, is amended to read:
1068 1003.21 School attendance.—
1069 (4) Before admitting a child to kindergarten, the principal
1070 shall require evidence that the child has attained the age at
1071 which he or she should be admitted in accordance with the
1072 provisions of subparagraph (1)(a)2. The district school
1073 superintendent may require evidence of the age of any child who
1074 is being enrolled in public school and who the district school
1075 superintendent believes to be within the limits of compulsory
1076 attendance as provided for by law; however, the district school
1077 superintendent may not require evidence from any child who meets
1078 regular attendance requirements by attending a school or program
1079 listed in s. 1003.01(18)(b)-(e) s. 1003.01(16)(b)-(e). If the
1080 first prescribed evidence is not available, the next evidence
1081 obtainable in the order set forth below shall be accepted:
1082 (a) A duly attested transcript of the child’s birth record
1083 filed according to law with a public officer charged with the
1084 duty of recording births;
1085 (b) A duly attested transcript of a certificate of baptism
1086 showing the date of birth and place of baptism of the child,
1087 accompanied by an affidavit sworn to by the parent;
1088 (c) An insurance policy on the child’s life that has been
1089 in force for at least 2 years;
1090 (d) A bona fide contemporary religious record of the
1091 child’s birth accompanied by an affidavit sworn to by the
1092 parent;
1093 (e) A passport or certificate of arrival in the United
1094 States showing the age of the child;
1095 (f) A transcript of record of age shown in the child’s
1096 school record of at least 4 years prior to application, stating
1097 date of birth; or
1098 (g) If none of these evidences can be produced, an
1099 affidavit of age sworn to by the parent, accompanied by a
1100 certificate of age signed by a public health officer or by a
1101 public school physician, or, if these are not available in the
1102 county, by a licensed practicing physician designated by the
1103 district school board, which states that the health officer or
1104 physician has examined the child and believes that the age as
1105 stated in the affidavit is substantially correct. Children and
1106 youths who are experiencing homelessness and children who are
1107 known to the department, as defined in s. 39.0016, shall be
1108 given temporary exemption from this section for 30 school days.
1109 Section 22. Paragraph (f) of subsection (1) of section
1110 1003.26, Florida Statutes, is amended to read:
1111 1003.26 Enforcement of school attendance.—The Legislature
1112 finds that poor academic performance is associated with
1113 nonattendance and that school districts must take an active role
1114 in promoting and enforcing attendance as a means of improving
1115 student performance. It is the policy of the state that each
1116 district school superintendent be responsible for enforcing
1117 school attendance of all students subject to the compulsory
1118 school age in the school district and supporting enforcement of
1119 school attendance by local law enforcement agencies. The
1120 responsibility includes recommending policies and procedures to
1121 the district school board that require public schools to respond
1122 in a timely manner to every unexcused absence, and every absence
1123 for which the reason is unknown, of students enrolled in the
1124 schools. District school board policies shall require the parent
1125 of a student to justify each absence of the student, and that
1126 justification will be evaluated based on adopted district school
1127 board policies that define excused and unexcused absences. The
1128 policies must provide that public schools track excused and
1129 unexcused absences and contact the home in the case of an
1130 unexcused absence from school, or an absence from school for
1131 which the reason is unknown, to prevent the development of
1132 patterns of nonattendance. The Legislature finds that early
1133 intervention in school attendance is the most effective way of
1134 producing good attendance habits that will lead to improved
1135 student learning and achievement. Each public school shall
1136 implement the following steps to promote and enforce regular
1137 school attendance:
1138 (1) CONTACT, REFER, AND ENFORCE.—
1139 (f)1. If the parent of a child who has been identified as
1140 exhibiting a pattern of nonattendance enrolls the child in a
1141 home education program pursuant to chapter 1002, the district
1142 school superintendent shall provide the parent a copy of s.
1143 1002.41 and the accountability requirements of this paragraph.
1144 The district school superintendent shall also refer the parent
1145 to a home education review committee composed of the district
1146 contact for home education programs and at least two home
1147 educators selected by the parent from a district list of all
1148 home educators who have conducted a home education program for
1149 at least 3 years and who have indicated a willingness to serve
1150 on the committee. The home education review committee shall
1151 review the portfolio of the student, as defined by s. 1002.41,
1152 every 30 days during the district’s regular school terms until
1153 the committee is satisfied that the home education program is in
1154 compliance with s. 1002.41(1)(d). The first portfolio review
1155 must occur within the first 30 calendar days of the
1156 establishment of the program. The provisions of subparagraph 2.
1157 do not apply once the committee determines the home education
1158 program is in compliance with s. 1002.41(1)(d).
1159 2. If the parent fails to provide a portfolio to the
1160 committee, the committee shall notify the district school
1161 superintendent. The district school superintendent shall then
1162 terminate the home education program and require the parent to
1163 enroll the child in an attendance option that meets the
1164 definition of “regular school attendance” under s.
1165 1003.01(18)(a), (b), (c), or (e) s. 1003.01(16)(a), (b), (c), or
1166 (e), within 3 days. Upon termination of a home education program
1167 pursuant to this subparagraph, the parent shall not be eligible
1168 to reenroll the child in a home education program for 180
1169 calendar days. Failure of a parent to enroll the child in an
1170 attendance option as required by this subparagraph after
1171 termination of the home education program pursuant to this
1172 subparagraph shall constitute noncompliance with the compulsory
1173 attendance requirements of s. 1003.21 and may result in criminal
1174 prosecution under s. 1003.27(2). Nothing contained herein shall
1175 restrict the ability of the district school superintendent, or
1176 the ability of his or her designee, to review the portfolio
1177 pursuant to s. 1002.41(1)(e).
1178 Section 23. Subsection (4) of section 1003.52, Florida
1179 Statutes, is amended to read:
1180 1003.52 Educational services in Department of Juvenile
1181 Justice programs.—
1182 (4) Educational services shall be provided at times of the
1183 day most appropriate for the juvenile justice program. School
1184 programming in juvenile justice detention, prevention, day
1185 treatment, and residential programs shall be made available by
1186 the local school district during the juvenile justice school
1187 year, as provided in s. 1003.01(16) s. 1003.01(14). In addition,
1188 students in juvenile justice education programs shall have
1189 access to courses offered pursuant to ss. 1002.37, 1002.45, and
1190 1003.498. The Department of Education and the school districts
1191 shall adopt policies necessary to provide such access.
1192 Section 24. Paragraph (f) of subsection (1) of section
1193 1003.573, Florida Statutes, is amended to read:
1194 1003.573 Seclusion and restraint of students with
1195 disabilities in public schools.—
1196 (1) DEFINITIONS.—As used in this section, the term:
1197 (f) “Student” means a child with an individual education
1198 plan enrolled in grades kindergarten through 12 in a school, as
1199 defined in s. 1003.01 s. 1003.01(17), or the Florida School for
1200 the Deaf and Blind. The term does not include students in
1201 prekindergarten, students who reside in residential care
1202 facilities under s. 1003.58, or students participating in a
1203 Department of Juvenile Justice education program under s.
1204 1003.52.
1205 Section 25. Section 1003.575, Florida Statutes, is amended
1206 to read:
1207 1003.575 Assistive technology devices; findings;
1208 interagency agreements.—Accessibility, utilization, and
1209 coordination of appropriate assistive technology devices and
1210 services are essential as a young person with disabilities moves
1211 from early intervention to preschool, from preschool to school,
1212 from one school to another, from school to employment or
1213 independent living, and from school to home and community. If an
1214 individual education plan team makes a recommendation in
1215 accordance with State Board of Education rule for a student with
1216 a disability, as defined in s. 1003.01(11) s. 1003.01(9), to
1217 receive an assistive technology assessment, that assessment must
1218 be completed within 60 school days after the team’s
1219 recommendation. To ensure that an assistive technology device
1220 issued to a young person as part of his or her individualized
1221 family support plan, individual support plan, individualized
1222 plan for employment, or individual education plan remains with
1223 the individual through such transitions, the following agencies
1224 shall enter into interagency agreements, as appropriate, to
1225 ensure the transaction of assistive technology devices:
1226 (1) The Early Steps Program in the Division of Children’s
1227 Medical Services of the Department of Health.
1228 (2) The Division of Blind Services, the Bureau of
1229 Exceptional Education and Student Services, the Office of
1230 Independent Education and Parental Choice, and the Division of
1231 Vocational Rehabilitation of the Department of Education.
1232 (3) The Voluntary Prekindergarten Education Program
1233 administered by the Department of Education and the Office of
1234 Early Learning.
1235
1236 Interagency agreements entered into pursuant to this section
1237 shall provide a framework for ensuring that young persons with
1238 disabilities and their families, educators, and employers are
1239 informed about the utilization and coordination of assistive
1240 technology devices and services that may assist in meeting
1241 transition needs, and shall establish a mechanism by which a
1242 young person or his or her parent may request that an assistive
1243 technology device remain with the young person as he or she
1244 moves through the continuum from home to school to postschool.
1245 Section 26. Paragraph (c) of subsection (1) of section
1246 1006.0626, Florida Statutes, is amended to read:
1247 1006.0626 Care of students with epilepsy or seizure
1248 disorders.—
1249 (1) As used in this section, the term:
1250 (c) “School” has the same meaning as in s. 1003.01 s.
1251 1003.01(17).
1252 Section 27. Paragraph (d) of subsection (2) of section
1253 1006.07, Florida Statutes, is amended to read:
1254 1006.07 District school board duties relating to student
1255 discipline and school safety.—The district school board shall
1256 provide for the proper accounting for all students, for the
1257 attendance and control of students at school, and for proper
1258 attention to health, safety, and other matters relating to the
1259 welfare of students, including:
1260 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
1261 conduct for elementary schools and a code of student conduct for
1262 middle and high schools and distribute the appropriate code to
1263 all teachers, school personnel, students, and parents, at the
1264 beginning of every school year. Each code shall be organized and
1265 written in language that is understandable to students and
1266 parents and shall be discussed at the beginning of every school
1267 year in student classes, school advisory council meetings, and
1268 parent and teacher association or organization meetings. Each
1269 code shall be based on the rules governing student conduct and
1270 discipline adopted by the district school board and shall be
1271 made available in the student handbook or similar publication.
1272 Each code shall include, but is not limited to:
1273 (d)1. An explanation of the responsibilities of each
1274 student with regard to appropriate dress, respect for self and
1275 others, and the role that appropriate dress and respect for self
1276 and others has on an orderly learning environment. Each district
1277 school board shall adopt a dress code policy that prohibits a
1278 student, while on the grounds of a public school during the
1279 regular school day, from wearing clothing that exposes underwear
1280 or body parts in an indecent or vulgar manner or that disrupts
1281 the orderly learning environment.
1282 2. Any student who violates the dress policy described in
1283 subparagraph 1. is subject to the following disciplinary
1284 actions:
1285 a. For a first offense, a student shall be given a verbal
1286 warning and the school principal shall call the student’s parent
1287 or guardian.
1288 b. For a second offense, the student is ineligible to
1289 participate in any extracurricular activity for a period of time
1290 not to exceed 5 days and the school principal shall meet with
1291 the student’s parent or guardian.
1292 c. For a third or subsequent offense, a student shall
1293 receive an in-school suspension pursuant to s. 1003.01(15) s.
1294 1003.01(13) for a period not to exceed 3 days, the student is
1295 ineligible to participate in any extracurricular activity for a
1296 period not to exceed 30 days, and the school principal shall
1297 call the student’s parent or guardian and send the parent or
1298 guardian a written letter regarding the student’s in-school
1299 suspension and ineligibility to participate in extracurricular
1300 activities.
1301 Section 28. Subsection (5) of section 1008.24, Florida
1302 Statutes, is amended to read:
1303 1008.24 Test administration and security; public records
1304 exemption.—
1305 (5) Exceptional students with disabilities, as defined in
1306 s. 1003.01 s. 1003.01(9), shall have access to testing sites.
1307 The Department of Education and each school district shall adopt
1308 policies that are necessary to ensure such access.
1309 Section 29. Paragraph (c) of subsection (6) of section
1310 1012.2315, Florida Statutes, is amended to read:
1311 1012.2315 Assignment of teachers.—
1312 (6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
1313 EVALUATIONS.—
1314 (c) For a student enrolling in an extracurricular course as
1315 defined in s. 1003.01 s. 1003.01(11), a parent may choose to
1316 have the student taught by a teacher who received a performance
1317 evaluation of “needs improvement” or “unsatisfactory” in the
1318 preceding school year if the student and the student’s parent
1319 receive an explanation of the impact of teacher effectiveness on
1320 student learning and the principal receives written consent from
1321 the parent.
1322 Section 30. This act shall take effect July 1, 2024.