Bill Amendment: FL H7055 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education
Status: 2018-03-12 - Chapter No. 2018-6 [H7055 Detail]
Download: Florida-2018-H7055-Senate_Committee_Substitue_Amendment_848558_Amendment_Delete_All_826696_.html
Bill Title: Education
Status: 2018-03-12 - Chapter No. 2018-6 [H7055 Detail]
Download: Florida-2018-H7055-Senate_Committee_Substitue_Amendment_848558_Amendment_Delete_All_826696_.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for HB 7055 Ì848558ZÎ848558 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Education (Farmer) recommended the following: 1 Senate Substitute for Amendment (826696) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Paragraph (b) of subsection (6) of section 7 1002.33, Florida Statutes, is amended to read: 8 1002.33 Charter schools.— 9 (6) APPLICATION PROCESS AND REVIEW.—Charter school 10 applications are subject to the following requirements: 11 (b) A sponsor shall receive and review all applications for 12 a charter school using the evaluation instrument developed by 13 the Department of Education. A sponsor shall receive and 14 consider charter school applications received on or before 15 August 1 of each calendar year for charter schools to be opened 16 at the beginning of the school district’s next school year, or 17 to be opened at a time agreed to by the applicant and the 18 sponsor. A sponsor may not refuse to receive a charter school 19 application submitted before August 1 and may receive an 20 application submitted later than August 1 if it chooses. 21 Beginning in 2018 and thereafter, a sponsor shall receive and 22 consider charter school applications received on or before 23 February 1 of each calendar year for charter schools to be 24 opened 18 months later at the beginning of the school district’s 25 school year, or to be opened at a time agreed to by the 26 applicant and the sponsor. A sponsor may not refuse to receive a 27 charter school application submitted before February 1 and may 28 receive an application submitted later than February 1 if it 29 chooses. A sponsor may not charge an applicant for a charter any 30 fee for the processing or consideration of an application, and a 31 sponsor may not base its consideration or approval of a final 32 application upon the promise of future payment of any kind. 33 Before approving or denying any application, the sponsor shall 34 allow the applicant, upon receipt of written notification, at 35 least 7 calendar days to make technical or nonsubstantive 36 corrections and clarifications, including, but not limited to, 37 corrections of grammatical, typographical, and like errors or 38 missing signatures, if such errors are identified by the sponsor 39 as cause to deny the final application. 40 1. In order to facilitate an accurate budget projection 41 process, a sponsor shall be held harmless for FTE students who 42 are not included in the FTE projection due to approval of 43 charter school applications after the FTE projection deadline. 44 In a further effort to facilitate an accurate budget projection, 45 within 15 calendar days after receipt of a charter school 46 application, a sponsor shall report to the Department of 47 Education the name of the applicant entity, the proposed charter 48 school location, and its projected FTE. 49 2. In order to ensure fiscal responsibility, an application 50 for a charter school shall include a full accounting of expected 51 assets, a projection of expected sources and amounts of income, 52 including income derived from projected student enrollments and 53 from community support, and an expense projection that includes 54 full accounting of the costs of operation, including start-up 55 costs. 56 3.a. A sponsor shall by a majority vote approve or deny an 57 application no later than 90 calendar days after the application 58 is received, unless the sponsor and the applicant mutually agree 59 in writing to temporarily postpone the vote to a specific date, 60 at which time the sponsor shall by a majority vote approve or 61 deny the application. If the sponsor fails to act on the 62 application, an applicant may appeal to the State Board of 63 Education as provided in paragraph (c). If an application is 64 denied, the sponsor shall, within 10 calendar days after such 65 denial, articulate in writing the specific reasons, based upon 66 good cause, supporting its denial of the application and shall 67 provide the letter of denial and supporting documentation to the 68 applicant and to the Department of Education. 69 b. An application submitted by a high-performing charter 70 school identified pursuant to s. 1002.331 or a high-performing 71 charter school system identified pursuant to s. 1002.332 may be 72 denied by the sponsor only if the sponsor demonstrates by clear 73 and convincing evidence that: 74 (I) The application does not materially comply with the 75 requirements in paragraph (a); 76 (II) The charter school proposed in the application does 77 not materially comply with the requirements in paragraphs 78 (9)(a)-(f); 79 (III) The proposed charter school’s educational program 80 does not substantially replicate that of the applicant or one of 81 the applicant’s high-performing charter schools; 82 (IV) The applicant has made a material misrepresentation or 83 false statement or concealed an essential or material fact 84 during the application process; or 85 (V) The proposed charter school’s educational program and 86 financial management practices do not materially comply with the 87 requirements of this section. 88 89 Material noncompliance is a failure to follow requirements or a 90 violation of prohibitions applicable to charter school 91 applications, which failure is quantitatively or qualitatively 92 significant either individually or when aggregated with other 93 noncompliance. An applicant is considered to be replicating a 94 high-performing charter school if the proposed school is 95 substantially similar to at least one of the applicant’s high 96 performing charter schools and the organization or individuals 97 involved in the establishment and operation of the proposed 98 school are significantly involved in the operation of replicated 99 schools. 100 c. If the sponsor denies an application submitted by a 101 high-performing charter school or a high-performing charter 102 school system, the sponsor must, within 10 calendar days after 103 such denial, state in writing the specific reasons, based upon 104 the criteria in sub-subparagraph b., supporting its denial of 105 the application and must provide the letter of denial and 106 supporting documentation to the applicant and to the Department 107 of Education. The applicant may appeal the sponsor’s denial of 108 the application in accordance with paragraph (c). 109 4. For budget projection purposes, the sponsor shall report 110 to the Department of Education the approval or denial of an 111 application within 10 calendar days after such approval or 112 denial. In the event of approval, the report to the Department 113 of Education shall include the final projected FTE for the 114 approved charter school. 115 5. Upon approval of an application, the initial startup 116 shall commence with the beginning of the public school calendar 117 for the district in which the charter is granted. A charter 118 school may defer the opening of the school’s operations for up 119 to 32years to provide time for adequate facility planning. The 120 charter school must provide written notice of such intent to the 121 sponsor and the parents of enrolled students at least 30 122 calendar days before the first day of school. 123 Section 2. Subsection (1) of section 1002.331, Florida 124 Statutes, is amended to read: 125 1002.331 High-performing charter schools.— 126 (1) A charter school is a high-performing charter school if 127 it: 128 (a) Received at least two school grades of “A” and no 129 school grade below “B,” pursuant to s. 1008.34, during each of 130 the previous 3 school years or received at least two consecutive 131 school grades of “A” in the most recent 2 school years. 132 (b) Received an unqualified opinion on each annual 133 financial audit required under s. 218.39 in the most recent 3 134 fiscal years for which such audits are available. 135 (c) Did not receive a financial audit that revealed one or 136 more of the financial emergency conditions set forth in s. 137 218.503(1) in the most recent 3 fiscal years for which such 138 audits are available. However, this requirement is deemed met 139 for a charter school-in-the-workplace if there is a finding in 140 an audit that the school has the monetary resources available to 141 cover any reported deficiency or that the deficiency does not 142 result in a deteriorating financial condition pursuant to s. 143 1002.345(1)(a)3. 144 145 For purposes of determining initial eligibility, the 146 requirements of paragraphs (b) and (c) only apply to the most 147 recent 2 fiscal years if the charter school earns two 148 consecutive grades of “A.” A virtual charter school established 149 under s. 1002.33 is not eligible for designation as a high 150 performing charter school. 151 Section 3. Present subsections (11) and (12) of section 152 1002.333, Florida Statutes, are redesignated as subsections (12) 153 and (13), respectively, a new subsection (11) is added to that 154 section, and subsections (1) and (2), paragraph (a) of 155 subsection (4), paragraphs (b), (g), and (i) of subsection (5), 156 paragraph (a) of subsection (7), subsection (9), and paragraph 157 (b) of subsection (10) of that section are amended, to read: 158 1002.333 Persistently low-performing schools.— 159 (1) DEFINITIONS.—As used in this section, the term: 160 (a) “Hope operator” means an entity identified by the 161 department pursuant to subsection (2). 162 (b) “Persistently low-performing school” means a school 163 that has completed 2 school years of a district-managed 164 turnaround plan required under s. 1008.33(4)(a) and has not 165 improved its school grade to a “C” or higher,earned three166consecutive grades lower than a “C,”pursuant to s. 1008.34, and 167 a school that was closed pursuant to s. 1008.33(4) within 2 168 years after the submission of a notice of intent. 169 (c) “School of hope” means: 170 1. A charter school operated by a hope operator which 171 serves students from one or more persistently low-performing 172 schools;is located in the attendance zone of a persistently 173 low-performing schoolor within a 5-mile radius of such school,174whichever is greater;and is a Title I eligible school; or 175 2. A school operated by a hope operator pursuant to s. 176 1008.33(4)(b)3.b.s. 1008.33(4)(b)3.177 (2) HOPE OPERATOR.—A hope operator is a nonprofit 178 organization with tax exempt status under s. 501(c)(3) of the 179 Internal Revenue Code whichthatoperates three or more charter 180 schools that serve students in grades K-12 in Florida or other 181 states with a record of serving students from low-income 182 families and is designated by the State Board of Education as a 183 hope operator based on a determination that: 184 (a) The past performance of the hope operator meets or 185 exceeds the following criteria: 186 1. The achievement of enrolled students exceeds the 187 district and state averages of the states in which the 188 operator’s schools operate; 189 2. The average college attendance rate at all schools 190 currently operated by the operator exceeds 80 percent, if such 191 data is available; 192 3. The percentage of students eligible for a free or 193 reduced price lunch under the National School Lunch Act enrolled 194 at all schools currently operated by the operator exceeds 70 195 percent; 196 4. The operator is in good standing with the authorizer in 197 each state in which it operates; 198 5. The audited financial statements of the operator are 199 free of material misstatements and going concern issues; and 200 6. Other outcome measures as determined by the State Board 201 of Education; 202 (b) The operator was awarded a United States Department of 203 Education Charter School Program Grant for Replication and 204 Expansion of High-Quality Charter Schools within the preceding 3 205 years before applying to be a hope operator; 206 (c) The operator receives funding through the National Fund 207 of the Charter School Growth Fund to accelerate the growth of 208 the nation’s best charter schools; or 209 (d) The operator is selected by a district school board in 210 accordance with s. 1008.33. 211 212 An entity that meets the requirements of paragraph (b), 213 paragraph (c), or paragraph (d) before the adoption by the state 214 board of measurable criteria pursuant to paragraph (a) shall be 215 designated as a hope operator. After the adoption of the 216 measurable criteria, an entity, including a governing board that 217 operates a school established pursuant to s. 1008.33(4)(b)3.b. 218s. 1008.33(4)(b)3., shall be designated as a hope operator if it 219 meets the criteria of paragraph (a). 220 (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator 221 seeking to open a school of hope must submit a notice of intent 222 to the school district in which a persistently low-performing 223 school has been identified by the State Board of Education 224 pursuant to subsection (10). 225 (a) The notice of intent must include all of the following: 226 1. An academic focus and plan. 227 2. A financial plan. 228 3. Goals and objectives for increasing student achievement 229 for the students from low-income families. 230 4. A completed or planned community outreach plan. 231 5. The organizational history of success in working with 232 students with similar demographics. 233 6. The grade levels to be served and enrollment 234 projections. 235 7. The specificproposedlocation or geographic area 236 proposed for the school and its proximity to the persistently 237 low-performing school or the plan to use the district-owned 238 facilities of the persistently low-performing school. 239 8. A staffing plan. 240 9. An operations plan specifying the operator’s intent to 241 undertake the operations of the persistently low-performing 242 school in its entirety or through limited components of the 243 operations. 244 (5) PERFORMANCE-BASED AGREEMENT.—The following shall 245 comprise the entirety of the performance-based agreement: 246(b) The location or geographic area proposed for the school247of hope and its proximity to the persistently low-performing248school.249 (f)(g)The grounds for termination, including failure to 250 meet the requirements for student performance established 251 pursuant to paragraph (d)(e), generally accepted standards of 252 fiscal management, or material violation of terms of the 253 agreement. The nonrenewal or termination of a performance-based 254 agreement must comply with the requirements of s. 1002.33(8). 255 (h)(i)A provision establishing the initial term as 5 256 years. The agreement mustshallbe renewed, upon the request of 257 the hope operator, unless the school fails to meet the 258 requirements for student performance established pursuant to 259 paragraph (d)(e)or generally accepted standards of fiscal 260 management or the school of hope materially violates the law or 261 the terms of the agreement. 262 (7) FACILITIES.— 263 (a)1. A school of hope that meets the definition under 264 subparagraph (1)(c)1. shall use facilities that comply with the 265 Florida Building Code, except for the State Requirements for 266 Educational Facilities.A school of hope that uses school267district facilities must comply with the State Requirements for268Educational Facilities only if the school district and the hope269operator have entered into a mutual management plan for the270reasonable maintenance of such facilities. The mutual management271plan shall contain a provision by which the district school272board agrees to maintain the school facilities in the same273manner as its other public schools within the district.274 2. A school of hope that meets the definition under 275 subparagraph (1)(c)2. and that receives funds from the hope 276 supplemental services allocation under s. 1011.62(16) shall use 277 the district-owned facilities of the persistently low-performing 278 school that the school of hope operates. A school of hope that 279 uses district-owned facilities must enter into a mutual 280 management plan with the school district for the reasonable 281 maintenance of the facilities. The mutual management plan must 282 contain a provision specifying that the district school board 283 agrees to maintain the school facilities in the same manner as 284 other public schools within the district. 285 286 The local governing authority shall not adopt or impose any 287 local building requirements or site-development restrictions, 288 such as parking and site-size criteria, student enrollment, and 289 occupant load, that are addressed by and more stringent than 290 those found in the State Requirements for Educational Facilities 291 of the Florida Building Code. A local governing authority must 292 treat schools of hope equitably in comparison to similar 293 requirements, restrictions, and site planning processes imposed 294 upon public schools. The agency having jurisdiction for 295 inspection of a facility and issuance of a certificate of 296 occupancy or use shall be the local municipality or, if in an 297 unincorporated area, the county governing authority. If an 298 official or employee of the local governing authority refuses to 299 comply with this paragraph, the aggrieved school or entity has 300 an immediate right to bring an action in circuit court to 301 enforce its rights by injunction. An aggrieved party that 302 receives injunctive relief may be awarded reasonable attorney 303 fees and court costs. 304 (9) FUNDING.— 305 (a) Schools of hope shall be funded in accordance with s. 306 1002.33(17). 307 (b) Schools of hope shall receive priority in the 308 department’s Public Charter School Grant Program competitions. 309 (c) Schools of hope shall be considered charter schools for 310 purposes of s. 1013.62, except charter capital outlay may not be 311 used to purchase real property or for the construction of school 312 facilities. 313 (d) Schools of hope that meet the definition under 314 subparagraph (1)(c)1. are eligible to receive funds from the 315 Schools of Hope Program. 316 (e) Schools of hope that meet the definition under 317 subparagraph (1)(c)2. are eligible to receive funds from the 318 hope supplemental services allocation established under s. 319 1011.62(16). 320 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program 321 is created within the Department of Education. 322 (b) A traditional public school that is required to submit 323 a plan for implementation pursuant to s. 1008.33(4) is eligible 324 to receive funding for services authorizedup to $2,000 per325full-time equivalent studentfrom the hope supplemental services 326 allocation established under s. 1011.62(16).Schools of Hope327Program based upon the strength of the school’s plan for328implementation and its focus on evidence-based interventions329that lead to student success by providing wrap-around services330that leverage community assets, improve school and community331collaboration, and develop family and community partnerships.332Wrap-around services include, but are not limited to, tutorial333and after-school programs, student counseling, nutrition334education, parental counseling, and adult education. Plans for335implementation may also include models that develop a culture of336attending college, high academic expectations, character337development, dress codes, and an extended school day and school338year. At a minimum, a plan for implementation must:3391. Establish wrap-around services that develop family and340community partnerships.3412. Establish clearly defined and measurable high academic342and character standards.3433. Increase parental involvement and engagement in the344child’s education.3454. Describe how the school district will identify, recruit,346retain, and reward instructional personnel. The state board may347waive the requirements of s. 1012.22(1)(c)5., and suspend the348requirements of s. 1012.34, to facilitate implementation of the349plan.3505. Identify a knowledge-rich curriculum that the school351will use that focuses on developing a student’s background352knowledge.3536. Provide professional development that focuses on354academic rigor, direct instruction, and creating high academic355and character standards.356 (11) SCHOOLS OF HOPE MANAGEMENT.—A hope operator or the 357 owner of a school of hope may not serve as the principal of any 358 school that he or she manages. 359 Section 4. Section 1002.334, Florida Statutes, is created 360 to read: 361 1002.334 Franchise model schools.— 362 (1) As used in this section, the term “franchise model 363 school” means a persistently low-performing school, as defined 364 in s. 1002.333(1)(b), which is led by a highly effective 365 principal in addition to the principal’s currently assigned 366 school. If a franchise model school achieves a grade of “C” or 367 higher, the school may retain its status as a franchise model 368 school at the discretion of the school district. 369 (2) A school district that has one or more persistently 370 low-performing schools may use a franchise model school as a 371 school turnaround option pursuant to s. 1008.33(4)(b)4. 372 (3) A franchise model school principal: 373 (a) Must be rated as highly effective pursuant to s. 374 1012.34; 375 (b) May lead two or more schools, including a persistently 376 low-performing school or a school that was considered a 377 persistently low-performing school before becoming a franchise 378 model school; 379 (c) May allocate resources and personnel between the 380 schools under his or her administration; however, he or she must 381 expend hope supplemental services allocation funds, authorized 382 under s. 1011.62(16), at the franchise model school; and 383 (d) Is eligible to receive a Best and Brightest Principal 384 award under s. 1012.732. 385 Section 5. Section 1007.273, Florida Statutes, is amended 386 to read: 387 1007.273 Structured high school acceleration programs 388Collegiate high school program.— 389(1)Each Florida College System institution shall work with 390 each district school board in its designated service area to 391 establish one or more structured programs, including, but not 392 limited to, collegiate high school programs. As used in this 393 section, the term “structured program” means a structured high 394 school acceleration program. 395 (1)(2)PURPOSE.—At a minimum, structuredcollegiatehigh396schoolprograms must include an option for public school 397 students in grade 11 or grade 12 participating in the structured 398 program, for at least 1 full school year, to earn CAPE industry 399 certifications pursuant to s. 1008.44, and to successfully 400 complete at least 30 credit hours through the dual enrollment 401 program under s. 1007.271. The structured program must 402 prioritize dual enrollment courses that are applicable toward 403 general education core courses or common prerequisite course 404 requirements under s. 1007.25 over dual enrollment courses 405 applicable as electives toward at least the first year of 406 college for an associate degree or baccalaureate degree while 407 enrolled in the structured program. A district school board may 408 not limit the number of eligible public school students who may 409 enroll in such structured programs. 410 (2)(3)REQUIRED STRUCTURED PROGRAM CONTRACTS.— 411 (a) Each district school board and its local Florida 412 College System institution shall execute a contract to establish 413 one or more structuredcollegiate high schoolprograms at a 414 mutually agreed upon location or locations.Beginning with the4152015-2016 school year,If the local Florida College System 416 institution does not establish a structured program with a 417 district school board in its designated service area, another 418 Florida College System institution may execute a contract with 419 that district school board to establish the structured program. 420 The contract must be executed by January 1 of each school year 421 for implementation of the structured program during the next 422 school year. By August 1, 2018, a contract entered into before 423 January 1, 2018, for the 2018-2019 school year must be modified 424 to include the provisions of paragraph (b). 425 (b) The contract must: 426 1.(a)Identify the grade levels to be included in the 427 structuredcollegiate high schoolprogram;which must, at a428minimum, include grade 12.429 2.(b)Describe the structuredcollegiate high school430 program, including a list of the meta-major academic pathways 431 approved pursuant to s. 1008.30(4), which are available to 432 participating students through the partner Florida College 433 System institution or other eligible partner postsecondary 434 institutions; the delineation of courses that must, at a 435 minimum, include general education core courses and common 436 prerequisite course requirements pursuant to s. 1007.25;and437 industry certifications offered, including online course 438 availability; the high school and college credits earned for 439 each postsecondary course completed and industry certification 440 earned; student eligibility criteria; and the enrollment process 441 and relevant deadlines;.442 3.(c)Describe the methods, medium, and process by which 443 students and their parents are annually informed about the 444 availability of the structuredcollegiate high schoolprogram, 445 the return on investment associated with participation in the 446 structured program, and the information described in 447 subparagraphs 1. and 2.;paragraphs (a) and (b).448 4.(d)Identify the delivery methods for instruction and the 449 instructors for all courses;.450 5.(e)Identify student advising services and progress 451 monitoring mechanisms;.452 6.(f)Establish a program review and reporting mechanism 453 regarding student performance outcomes; and.454 7.(g)Describe the terms of funding arrangements to 455 implement the structuredcollegiate high schoolprogram pursuant 456 to paragraph (5)(a). 457 (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.— 458 (a)(4)Each student participating in a structured 459collegiatehigh schoolprogram must enter into a student 460 performance contract which must be signed by the student, the 461 parent, and a representative of the school district and the 462 applicable Florida College System institution, state university, 463 or other institution participating pursuant to subsection (4) 464(5). The performance contract must, at a minimum, specify 465includethe schedule of courses, by semester, and industry 466 certifications to be taken by the student, if any; student 467 attendance requirements;,andcourse grade requirements; and the 468 applicability of such courses to an associate degree or a 469 baccalaureate degree. 470 (b) By September 1 of each school year, each district 471 school board must notify each student enrolled in grades 9, 10, 472 11, and 12 in a public school within the school district about 473 the structured program, including, but not limited to: 474 1. The method for earning college credit through 475 participation in the structured program. The notification must 476 include website links to the dual enrollment course equivalency 477 list approved by the State Board of Education; the common degree 478 program prerequisite requirements published by the Articulation 479 Coordinating Committee pursuant to s. 1007.01(3)(f); the 480 industry certification articulation agreements adopted by the 481 State Board of Education in rule; and the approved meta-major 482 academic pathways of the partner Florida College System 483 institution and other eligible partner postsecondary 484 institutions participating pursuant to subsection (4); and 485 2. The estimated cost savings to students and their 486 families resulting from students successfully completing 30 487 credit hours applicable toward general education core courses or 488 common prerequisite course requirements before graduating from 489 high school versus the cost of earning such credit hours after 490 graduating from high school. 491 (4)(5)AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition 492 to executing a contract with the local Florida College System 493 institution under this section, a district school board may 494 execute a contract to establish a structuredcollegiatehigh495schoolprogram with a state university or an institution that is 496 eligible to participate in the William L. Boyd, IV, Florida 497 Resident Access Grant Program, that is a nonprofit independent 498 college or university located and chartered in this state, and 499 that is accredited by the Commission on Colleges of the Southern 500 Association of Colleges and Schools to grant baccalaureate 501 degrees. Such university or institution must meet the 502 requirements specified under subsections (2)(3)and (3)(4). A 503 charter school may execute a contract directly with the local 504 Florida College System institution or another institution as 505 authorized under this section to establish a structured program 506 at a mutually agreed upon location. 507 (5) FUNDING.— 508 (a)(6)The structuredcollegiate high schoolprogram shall 509 be funded pursuant to ss. 1007.271 and 1011.62. The State Board 510 of Education shall enforce compliance with this section by 511 withholding the transfer of funds for the school districtsand512the Florida College System institutionsin accordance with s. 513 1008.32. Annually, by December 31, the State Board of Education 514 shall enforce compliance with this section by withholding the 515 transfer of funds for the Florida College System institutions in 516 accordance with s. 1008.32. 517 (b) A student who enrolls in the structured program and 518 successfully completes at least 30 college credit hours during a 519 school year through the dual enrollment program under s. 520 1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A 521 student who enrolls in the structured program and successfully 522 completes an additional 30 college credit hours during a school 523 year, resulting in at least 60 college credit hours through the 524 dual enrollment program under s. 1007.271 applicable toward 525 fulfilling the requirements for an associate in arts degree or 526 an associate in science degree or a baccalaureate degree 527 pursuant to the student performance contract under subsection 528 (3), before graduating from high school, generates an additional 529 0.5 FTE bonus. Each district school board that is a contractual 530 partner with a Florida College System institution or other 531 eligible postsecondary institution shall report to the 532 commissioner the total FTE bonus for each structured program for 533 the students from that school district. The total FTE bonus 534 shall be added to each school district’s total weighted FTE for 535 funding in the subsequent fiscal year. 536 (c) For any industry certification a student attains under 537 this section, the FTE bonus shall be calculated and awarded in 538 accordance with s. 1011.62(1)(o). 539 (6) REPORTING REQUIREMENTS.— 540 (a) By September 1 of each school year, each district 541 school superintendent shall report to the commissioner, at a 542 minimum, the following information on each structured program 543 administered during the prior school year: 544 1. The number of students in public schools within the 545 school district who enrolled in the structured program, and the 546 partnering postsecondary institutions pursuant to subsections 547 (2) and (4); 548 2. The total and average number of dual enrollment courses 549 completed, high school and college credits earned, standard high 550 school diplomas and associate and baccalaureate degrees awarded, 551 and the number of industry certifications attained, if any, by 552 the students who enrolled in the structured program; 553 3. The projected student enrollment in the structured 554 program during the next school year; and 555 4. Any barriers to executing contracts to establish one or 556 more structured programs. 557 (b) By November 30 of each school year, the commissioner 558 must report to the Governor, the President of the Senate, and 559 the Speaker of the House of Representatives the status of 560 structured programs, including, at a minimum, a summary of 561 student enrollment and completion information pursuant to this 562 subsection; barriers, if any, to establishing such programs; and 563 recommendations for expanding access to such programs statewide. 564 Section 6. Paragraph (c) of subsection (3) and subsection 565 (4) of section 1008.33, Florida Statutes, are amended to read: 566 1008.33 Authority to enforce public school improvement.— 567 (3) 568 (c) The state board shall adopt by rule a differentiated 569 matrix of intervention and support strategies for assisting 570 traditional public schools identified under this section and 571 rules for implementing s. 1002.33(9)(n), relating to charter 572 schools. 573 1. The intervention and support strategies must address 574 efforts to improve student performance through one or more of 575 the following strategies:and may include576 a. Improvement planning; 577 b. Leadership quality improvement; 578 c. Educator quality improvement; 579 d. Professional development; 580 e. Curriculum review, pacing, and alignment across grade 581 levels to improve background knowledge in social studies, 582 science, and the arts; and 583 f. The use of continuous improvement and monitoring plans 584 and processes. 585 2.In addition,The state board may prescribe reporting 586 requirements to review and monitor the progress of the schools. 587 The rule must define the intervention and support strategies for 588 school improvement for schools earning a grade of “D” or “F” and 589 the roles for the district and department. 590 (4)(a) The state board shall apply intensive intervention 591 and support strategies tailored to the needs of schools earning 592 two consecutive grades of “D” or a grade of “F.” In the first 593 full school year after a school initially earns two consecutive 594 grades of “D” or a grade of “F,” the school district must 595 immediately implement intervention and support strategies 596 prescribed in rule under paragraph (3)(c) and, by September 1, 597 provide the department with the memorandum of understanding 598 negotiated pursuant to s. 1001.42(21) and, by October 1, a 599 district-managed turnaround plan for approval by the state 600 board. The district-managed turnaround plan may include a 601 proposal for the district to implement an extended school day, a 602 summer program, or a combination of an extended school day and 603 summer program. Upon approval by the state board, the school 604 district must implement the plan for the remainder of the school 605 year and continue the plan for 1 full school year. The state 606 board may allow a school an additional year of implementation 607 before the school must implement a turnaround option required 608 under paragraph (b) if it determines that the school is likely 609 to improve to a grade of “C” or higher after the first full 610 school year of implementation. 611 (b) Unless an additional year of implementation is provided 612 pursuant to paragraph (a), a school that has completed 2 school 613 years of a district-managed turnaround plan required under 614 paragraph (a) and has not improved its school grade to a “C” or 615 higher, pursuant to s. 1008.34,earns three consecutive grades616below a “C”must implement one of the following options: 617 1. Reassign students to another school and monitor the 618 progress of each reassigned student.;619 2. Close the school and reopen the school as one or more 620 charter schools, each with a governing board that has a 621 demonstrated record of effectiveness. Such charter schools are 622 eligible for funding from the hope supplemental services 623 allocation established under s. 1011.62(16).;or624 3. Contract with an outside entity that has a demonstrated 625 record of effectiveness to operate the school. An outside entity 626 may include: 627 a. A district-managed charter school in which all 628 instructional personnel are not employees of the school 629 district, but are employees of an independent governing board 630 composed of members who did not participate in the review or 631 approval of the charter. A district-managed charter school is 632 eligible for funding from the hope supplemental services 633 allocation established in s. 1011.62(16); or 634 b. A hope operator that submits to a school district a 635 notice of intent of a performance-based agreement pursuant to s. 636 1002.333. A school of hope established pursuant to this sub 637 subparagraph is eligible for funding from the hope supplemental 638 services allocation for up to 5 years, beginning in the school 639 year in which the school of hope is established, if the school 640 of hope: 641 (I) Is established at the district-owned facilities of the 642 persistently low-performing school; 643 (II) Gives priority enrollment to students who are enrolled 644 in, or are eligible to attend and are living in the attendance 645 area of, the persistently low-performing school that the school 646 of hope operates, consistent with the enrollment lottery 647 exemption provided under s. 1002.333(5)(c); and 648 (III) Meets the requirements of its performance-based 649 agreement pursuant to s. 1002.333. 650 4. Implement a franchise model school in which a highly 651 effective principal, pursuant to s. 1012.34, leads the 652 persistently low-performing school in addition to the 653 principal’s currently assigned school. The franchise model 654 school principal may allocate resources and personnel between 655 the schools he or she leads. The persistently low-performing 656 school is eligible for funding from the hope supplemental 657 services allocation established under s. 1011.62(16). 658 (c) Implementation of the turnaround option is no longer 659 required if the school improves to a grade of “C” or higher. 660 (d) If a schoolearning two consecutive grades of “D” or a661grade of “F”does not improve to a grade of “C” or higher after 662 2fullschool years of implementing the turnaround option 663 selected by the school district under paragraph (b), the school 664 district must implement another turnaround option. 665 Implementation of the turnaround option must begin the school 666 year following the implementation period of the existing 667 turnaround option, unless the state board determines that the 668 school is likely to improve to a grade of “C” or higher if 669 additional time is provided to implement the existing turnaround 670 option. 671 Section 7. Present subsections (16) and (17) of section 672 1011.62, Florida Statutes, are redesignated as subsections (19) 673 and (20), respectively, new subsections (16) and (17) and 674 subsection (18) are added to that section, and paragraph (a) of 675 subsection (4) and subsection (14) of that section are amended, 676 to read: 677 1011.62 Funds for operation of schools.—If the annual 678 allocation from the Florida Education Finance Program to each 679 district for operation of schools is not determined in the 680 annual appropriations act or the substantive bill implementing 681 the annual appropriations act, it shall be determined as 682 follows: 683 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The 684 Legislature shall prescribe the aggregate required local effort 685 for all school districts collectively as an item in the General 686 Appropriations Act for each fiscal year. The amount that each 687 district shall provide annually toward the cost of the Florida 688 Education Finance Program for kindergarten through grade 12 689 programs shall be calculated as follows: 690 (a) Estimated taxable value calculations.— 691 1.a. Not later than 2 working days before July 19, the 692 Department of Revenue shall certify to the Commissioner of 693 Education its most recent estimate of the taxable value for 694 school purposes in each school district and the total for all 695 school districts in the state for the current calendar year 696 based on the latest available data obtained from the local 697 property appraisers. The value certified shall be the taxable 698 value for school purposes for that year, and no further 699 adjustments shall be made, except those made pursuant to 700 paragraphs (c) and (d), or an assessment roll change required by 701 final judicial decisions as specified in paragraph (19)(b) 702(16)(b). Not later than July 19, the Commissioner of Education 703 shall compute a millage rate, rounded to the next highest one 704 one-thousandth of a mill, which, when applied to 96 percent of 705 the estimated state total taxable value for school purposes, 706 would generate the prescribed aggregate required local effort 707 for that year for all districts. The Commissioner of Education 708 shall certify to each district school board the millage rate, 709 computed as prescribed in this subparagraph, as the minimum 710 millage rate necessary to provide the district required local 711 effort for that year. 712 b. The General Appropriations Act shall direct the 713 computation of the statewide adjusted aggregate amount for 714 required local effort for all school districts collectively from 715 ad valorem taxes to ensure that no school district’s revenue 716 from required local effort millage will produce more than 90 717 percent of the district’s total Florida Education Finance 718 Program calculation as calculated and adopted by the 719 Legislature, and the adjustment of the required local effort 720 millage rate of each district that produces more than 90 percent 721 of its total Florida Education Finance Program entitlement to a 722 level that will produce only 90 percent of its total Florida 723 Education Finance Program entitlement in the July calculation. 724 2. On the same date as the certification in sub 725 subparagraph 1.a., the Department of Revenue shall certify to 726 the Commissioner of Education for each district: 727 a. Each year for which the property appraiser has certified 728 the taxable value pursuant to s. 193.122(2) or (3), if 729 applicable, since the prior certification under sub-subparagraph 730 1.a. 731 b. For each year identified in sub-subparagraph a., the 732 taxable value certified by the appraiser pursuant to s. 733 193.122(2) or (3), if applicable, since the prior certification 734 under sub-subparagraph 1.a. This is the certification that 735 reflects all final administrative actions of the value 736 adjustment board. 737 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may 738 annually in the General Appropriations Act determine a 739 percentage increase in funds per K-12 unweighted FTE as a 740 minimum guarantee to each school district. The guarantee shall 741 be calculated from prior year base funding per unweighted FTE 742 student which shall include the adjusted FTE dollars as provided 743 in subsection (19)(16), quality guarantee funds, and actual 744 nonvoted discretionary local effort from taxes. From the base 745 funding per unweighted FTE, the increase shall be calculated for 746 the current year. The current year funds from which the 747 guarantee shall be determined shall include the adjusted FTE 748 dollars as provided in subsection (19)(16)and potential 749 nonvoted discretionary local effort from taxes. A comparison of 750 current year funds per unweighted FTE to prior year funds per 751 unweighted FTE shall be computed. For those school districts 752 which have less than the legislatively assigned percentage 753 increase, funds shall be provided to guarantee the assigned 754 percentage increase in funds per unweighted FTE student. Should 755 appropriated funds be less than the sum of this calculated 756 amount for all districts, the commissioner shall prorate each 757 district’s allocation. This provision shall be implemented to 758 the extent specifically funded. 759 (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope 760 supplemental services allocation is created to provide district 761 managed turnaround schools, as required under s. 1008.33(4)(a), 762 charter schools authorized under s. 1008.33(4)(b)2., district 763 managed charter schools authorized under s. 1008.33(4)(b)3.a., 764 schools of hope authorized under s. 1008.33(4)(b)3.b., and 765 franchise model schools as authorized under s. 1008.33(4)(b)4., 766 with funds to offer services designed to improve the overall 767 academic and community welfare of the schools’ students and 768 their families. 769 (a) Services funded by the allocation may include, but are 770 not limited to, tutorial and after-school programs, student 771 counseling, nutrition education, and parental counseling. In 772 addition, services may also include models that develop a 773 culture that encourages students to complete high school and to 774 attend college or career training, set high academic 775 expectations, inspire character development, and include an 776 extended school day and school year. 777 (b) Prior to distribution of the allocation, a school 778 district, for a district turnaround school and persistently low 779 performing schools that use a franchise model; a hope operator, 780 for a school of hope; or the charter school governing board for 781 a charter school, as applicable, shall develop and submit a plan 782 for implementation to its respective governing body for approval 783 no later than August 1 of the fiscal year. 784 (c) At a minimum, the plans required under paragraph (b) 785 must: 786 1. Establish comprehensive support services that develop 787 family and community partnerships; 788 2. Establish clearly defined and measurable high academic 789 and character standards; 790 3. Increase parental involvement and engagement in the 791 child’s education; 792 4. Describe how instructional personnel will be identified, 793 recruited, retained, and rewarded; 794 5. Provide professional development that focuses on 795 academic rigor, direct instruction, and creating high academic 796 and character standards; and 797 6. Provide focused instruction to improve student academic 798 proficiency, which may include additional instruction time 799 beyond the normal school day or school year. 800 (d) Each school district and hope operator shall submit 801 approved plans to the commissioner by September 1 of each fiscal 802 year. 803 (e) For the 2018-2019 fiscal year, a school that is 804 selected to receive funding in the 2017-2018 fiscal year 805 pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A 806 district-managed turnaround school required under s. 807 1008.33(4)(a), charter school authorized under s. 808 1008.33(4)(b)2., district-managed charter school authorized 809 under s. 1008.33(4)(b)3.a., school of hope authorized under s. 810 1008.33(4)(b)3.b., and franchise model school authorized under 811 s. 1008.33(4)(b)4. are eligible for the remaining funds based on 812 the school’s unweighted FTE, up to $2,000 per FTE or as provided 813 in the General Appropriations Act. 814 (f) For the 2019-2020 fiscal year and thereafter, each 815 school district’s allocation shall be based on the unweighted 816 FTE student enrollment at the eligible schools and a per-FTE 817 funding amount of up to $2,000 per FTE or as provided in the 818 General Appropriations Act. If the calculated funds for 819 unweighted FTE student enrollment at the eligible schools exceed 820 the per-FTE funds appropriated, the allocation of funds to each 821 school district must be prorated based on each school district’s 822 share of the total unweighted FTE student enrollment for the 823 eligible schools. 824 (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health 825 assistance allocation is created to provide supplemental funding 826 to assist school districts in establishing or expanding 827 comprehensive school-based mental health programs that increase 828 awareness of mental health issues among children and school-age 829 youth; train educators and other school staff in detecting and 830 responding to mental health issues; and connect children, youth, 831 and families who may experience behavioral health issues with 832 appropriate services. These funds may be allocated annually in 833 the General Appropriations Act to each eligible school district 834 and developmental research school based on each entity’s 835 proportionate share of Florida Education Finance Program base 836 funding. The district funding allocation must include a minimum 837 amount as specified in the General Appropriations Act. Upon 838 submission and approval of a plan that includes the elements 839 specified in paragraph (b), charter schools are also entitled to 840 a proportionate share of district funding for this program. The 841 allocated funds may not supplant funds that are provided for 842 this purpose from other operating funds and may not be used to 843 increase salaries or provide bonuses. 844 (a) Prior to the distribution of the allocation: 845 1. The district must annually develop and submit a detailed 846 plan outlining the local program and planned expenditures to the 847 district school board for approval. 848 2. A charter school must annually develop and submit a 849 detailed plan outlining the local program and planned 850 expenditures of the funds in the plan to its governing body for 851 approval. After the plan is approved by the governing body, it 852 must be provided to its school district for submission to the 853 commissioner. 854 (b) The plans required under paragraph (a) must include, at 855 a minimum, all of the following elements: 856 1. A collaborative effort or partnership between the school 857 district and at least one local community program or agency 858 involved in mental health to provide or to improve prevention, 859 diagnosis, and treatment services for students; 860 2. Programs to assist students in dealing with bullying, 861 trauma, and violence; 862 3. Strategies or programs to reduce the likelihood of at 863 risk students developing social, emotional, or behavioral health 864 problems or substance use disorders; 865 4. Strategies to improve the early identification of 866 social, emotional, or behavioral problems or substance use 867 disorders and to improve the provision of early intervention 868 services; 869 5. Strategies to enhance the availability of school-based 870 crisis intervention services and appropriate referrals for 871 students in need of mental health services; and 872 6. Training opportunities for school personnel in the 873 techniques and supports needed to identify students who have 874 trauma histories and who have or are at risk of having a mental 875 illness, and in the use of referral mechanisms that effectively 876 link such students to appropriate treatment and intervention 877 services in the school and in the community. 878 (c) The districts shall submit approved plans to the 879 commissioner by August 1 of each fiscal year. 880 (d) Beginning September 30, 2019, and by each September 30 881 thereafter, each entity that receives an allocation under this 882 subsection shall submit to the commissioner, in a format 883 prescribed by the department, a final report on its program 884 outcomes and its expenditures for each element of the program. 885 (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may 886 provide an annual funding compression allocation in the General 887 Appropriations Act. The allocation is created to provide 888 additional funding to school districts and developmental 889 research schools whose total funds per FTE in the prior year 890 were less than the statewide average. Using the most recent 891 prior year FEFP calculation for each eligible school district, 892 the total funds per FTE shall be subtracted from the state 893 average funds per FTE, not including any adjustments made 894 pursuant to paragraph (19)(b). The resulting funds per FTE 895 difference, or a portion thereof, as designated in the General 896 Appropriations Act, shall then be multiplied by the school 897 district’s total unweighted FTE to provide the allocation. If 898 the calculated funds are greater than the amount included in the 899 General Appropriations Act, they must be prorated to the 900 appropriation amount based on each participating school 901 district’s share. 902 Section 8. Subsection (5) of section 1011.69, Florida 903 Statutes, is amended to read: 904 1011.69 Equity in School-Level Funding Act.— 905 (5) After providing Title I, Part A, Basic funds to schools 906 above the 75 percent poverty threshold, which may include high 907 schools above the 50 percent threshold as allowed by federal 908 law, school districts shall provide any remaining Title I, Part 909 A, Basic funds directly to all eligible schools as provided in 910 this subsection. For purposes of this subsection, an eligible 911 school is a school that is eligible to receive Title I funds, 912 including a charter school. The threshold for identifying 913 eligible schools may not exceed the threshold established by a 914 school district for the 2016-2017 school year or the statewide 915 percentage of economically disadvantaged students, as determined 916 annually. 917 (a) Prior to the allocation of Title I funds to eligible 918 schools, a school district may withhold funds only as follows: 919 1. One percent for parent involvement, in addition to the 920 one percent the district must reserve under federal law for 921 allocations to eligible schools for parent involvement; 922 2. A necessary and reasonable amount for administration;,923 3.which includesThe district’s approved indirect cost 924 rate, not to exceed a total of 8 percent;and925 4.3.A reasonable and necessary amount to provide: 926 a. Homeless programs; 927 b. Delinquent and neglected programs; 928 c. Prekindergarten programs and activities; 929 d. Private school equitable services; and 930 e. Transportation for foster care children to their school 931 of origin or choice programs; and.932 5. A necessary and reasonable amount for eligible schools 933 to provide: 934 a. Extended learning opportunities, such as summer school, 935 before-school and after-school programs, and additional class 936 periods of instruction during the school day; and 937 b. Supplemental academic and enrichment services, staff 938 development, and planning and curriculum, as well as wrap-around 939 services. 940 (b) All remaining Title I funds shall be distributed to all 941 eligible schools in accordance with federal law and regulation. 942 To maximize the efficient use of resources, school districts may 943 allow eligible schools, not including charter schools, toAn944eligible school mayuse funds under this subsection for 945 district-levelto participate in discretionaryeducational 946 services provided by the school district. 947 Section 9. Subsection (5) of section 1011.71, Florida 948 Statutes, is amended to read: 949 1011.71 District school tax.— 950 (5)Effective July 1, 2008,A school district may expend, 951 subject tothe provisions ofs. 200.065, up to $150$100per 952 unweighted full-time equivalent student from the revenue 953 generated by the millage levy authorized by subsection (2) to 954 fund, in addition to expenditures authorized in paragraphs 955 (2)(a)-(j), expenses for the following: 956 (a) The purchase, lease-purchase, or lease of driver’s 957 education vehicles; motor vehicles used for the maintenance or 958 operation of plants and equipment; security vehicles; or 959 vehicles used in storing or distributing materials and 960 equipment. 961 (b) Payment of the cost of premiums, as defined in s. 962 627.403, for property and casualty insurance necessary to insure 963 school district educational and ancillary plants. As used in 964 this paragraph, casualty insurance has the same meaning as in s. 965 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that 966 are made available through the payment of property and casualty 967 insurance premiums from revenues generated under this subsection 968 may be expended only for nonrecurring operational expenditures 969 of the school district. 970 Section 10. Paragraph (c) of subsection (3) of section 971 1012.731, Florida Statutes, is amended to read: 972 1012.731 The Florida Best and Brightest Teacher Scholarship 973 Program.— 974 (3) 975(c) Notwithstanding the requirements of this subsection,976for the 2017-2018, 2018-2019, and 2019-2020 school years, any977classroom teacher who:9781. Was evaluated as highly effective pursuant to s. 1012.34979in the school year immediately preceding the year in which the980scholarship will be awarded shall receive a scholarship of981$1200, including a classroom teacher who received an award982pursuant to paragraph (a).9832. Was evaluated as effective pursuant to s. 1012.34 in the984school year immediately preceding the year in which the985scholarship will be awarded a scholarship of up to $800. If the986number of eligible classroom teachers under this subparagraph987exceeds the total allocation, the department shall prorate the988per-teacher scholarship amount.989 990This paragraph expires July 1, 2020.991 Section 11. Subsections (2), (3), and (4) of section 992 1012.732, Florida Statutes, are amended to read: 993 1012.732 The Florida Best and Brightest Principal 994 Scholarship Program.— 995 (2) There is created the Florida Best and Brightest 996 Principal Scholarship Program to be administered by the 997 Department of Education. The program shall provide categorical 998 funding for scholarships to be awarded to school principals, as 999 defined in s. 1012.01(3)(c)1., who are serving as a franchise 1000 model school principal or who have recruited and retained a high 1001 percentage of best and brightest teachers. 1002 (3)(a) A school principal identified pursuant to s. 1003 1012.731(4)(c) is eligible to receive a scholarship under this 1004 section if he or she has served as school principal at his or 1005 her school for at least 2 consecutive school years including the 1006 current school year and his or her school has a ratio of best 1007 and brightest teachers to other classroom teachers that is at 1008 the 80th percentile or higher for schools within the same grade 1009 group, statewide, including elementary schools, middle schools, 1010 high schools, and schools with a combination of grade levels. 1011 (b) A principal of a franchise model school, as defined in 1012 s. 1002.334, is eligible to receive a scholarship under this 1013 section. 1014 (4) Annually, by February 1, the department shall identify 1015 eligible school principals and disburse funds to each school 1016 district for each eligible school principal to receive a 1017 scholarship. 1018 (a) A scholarship of $10,000$5,000must be awarded to each 1019 franchise model school principal who iseveryeligible under 1020 paragraph (3)(b). 1021 (b) A scholarship of $5,000 must be awarded to each school 1022 principal assigned to a Title I school and a scholarship of 1023 $4,000 to eacheveryeligible school principal who is not 1024 assigned to a Title I school and who is eligible under paragraph 1025 (3)(a). 1026 Section 12. Present paragraphs (a) through (d) of 1027 subsection (1) of section 1013.31, Florida Statutes, are 1028 redesignated as paragraphs (b) through (e), respectively, and a 1029 new paragraph (a) is added to that subsection, to read: 1030 1013.31 Educational plant survey; localized need 1031 assessment; PECO project funding.— 1032 (1) At least every 5 years, each board shall arrange for an 1033 educational plant survey, to aid in formulating plans for 1034 housing the educational program and student population, faculty, 1035 administrators, staff, and auxiliary and ancillary services of 1036 the district or campus, including consideration of the local 1037 comprehensive plan. The Department of Education shall document 1038 the need for additional career and adult education programs and 1039 the continuation of existing programs before facility 1040 construction or renovation related to career or adult education 1041 may be included in the educational plant survey of a school 1042 district or Florida College System institution that delivers 1043 career or adult education programs. Information used by the 1044 Department of Education to establish facility needs must 1045 include, but need not be limited to, labor market data, needs 1046 analysis, and information submitted by the school district or 1047 Florida College System institution. 1048 (a) Educational plant survey and localized need assessment 1049 for capital outlay purposes.—A district may only use funds from 1050 the following sources for educational, auxiliary, and ancillary 1051 plant capital outlay purposes without needing a survey 1052 recommendation: 1053 1. The local capital outlay improvement fund, consisting of 1054 funds that come from and are a part of the district’s basic 1055 operating budget; 1056 2. If a board decides to build an educational, auxiliary, 1057 or ancillary facility without a survey recommendation and the 1058 taxpayers approve a bond referendum, the voted bond referendum; 1059 3. One-half cent sales surtax revenue; 1060 4. One cent local governmental surtax revenue; 1061 5. Impact fees; and 1062 6. Private gifts or donations. 1063 Section 13. Paragraph (e) is added to subsection (2) of 1064 section 1013.385, Florida Statutes, to read: 1065 1013.385 School district construction flexibility.— 1066 (2) A resolution adopted under this section may propose 1067 implementation of exceptions to requirements of the uniform 1068 statewide building code for the planning and construction of 1069 public educational and ancillary plants adopted pursuant to ss. 1070 553.73 and 1013.37 relating to: 1071 (e) Any other provisions that limit the ability of a school 1072 to operate in a facility on the same basis as a charter school 1073 pursuant to s. 1002.33(18) if the regional planning council 1074 determines that there is sufficient shelter capacity within the 1075 school district as documented in the Statewide Emergency Shelter 1076 Plan. 1077 Section 14. Subsection (3) of section 1013.62, Florida 1078 Statutes, is amended, and paragraph (c) is added to subsection 1079 (1) of that section, to read: 1080 1013.62 Charter schools capital outlay funding.— 1081 (1) Charter school capital outlay funding shall consist of 1082 revenue resulting from the discretionary millage authorized in 1083 s. 1011.71(2) and state funds when such funds are appropriated 1084 in the General Appropriations Act. 1085 (c) It is the intent of the Legislature that the public 1086 interest be protected by prohibiting personal financial 1087 enrichment by owners, operators, managers, real estate 1088 developers, and other affiliated parties of charter schools. 1089 Therefore, a charter school is not eligible for a funding 1090 allocation unless the chair of the governing board and the chief 1091 administrative officer of the charter school annually certify 1092 under oath that the funds will be used solely and exclusively 1093 for constructing, renovating, or improving charter school 1094 facilities that are: 1095 1. Owned by a school district, a political subdivision of 1096 the state, a municipality, a Florida College System institution, 1097 or a state university; 1098 2. Owned by an organization that is qualified as an exempt 1099 organization under s. 501(c)(3) of the Internal Revenue Code 1100 whose articles of incorporation specify that, upon the 1101 organization’s dissolution, the subject property will be 1102 transferred to a school district, a political subdivision of the 1103 state, a municipality, a Florida College System institution, or 1104 a state university; or 1105 3. Owned by and leased, at a fair market value in the 1106 school district in which the charter school is located, from a 1107 person or entity that is not an affiliated party of the charter 1108 school. For the purposes of this subparagraph, the term 1109 “affiliated party of the charter school” means the applicant for 1110 the charter school pursuant to s. 1002.33; the governing board 1111 of the charter school or a member of the governing board; the 1112 charter school owner; the charter school principal; an employee 1113 of the charter school; an independent contractor of the charter 1114 school or the governing board of the charter school; a relative, 1115 as defined in s. 1002.33(24)(a)2., of a charter school governing 1116 board member, a charter school owner, a charter school 1117 principal, a charter school employee, or an independent 1118 contractor of a charter school or charter school governing 1119 board; a subsidiary corporation, a service corporation, an 1120 affiliated corporation, a parent corporation, a limited 1121 liability company, a limited partnership, a trust, a 1122 partnership, or a related party that, individually or through 1123 one or more entities, shares common ownership or control and 1124 directly or indirectly manages, administers, controls, or 1125 oversees the operation of the charter school; or any person or 1126 entity, individually or through one or more entities that share 1127 common ownership, which directly or indirectly manages, 1128 administers, controls, or oversees the operation of any of the 1129 foregoing. 1130 (3) If the school board levies the discretionary millage 1131 authorized in s. 1011.71(2), the department shall use the 1132 following calculation methodology to determine the amount of 1133 revenue that a school district must distribute to each eligible 1134 charter school: 1135 (a) Reduce the total discretionary millage revenue by the 1136 school district’s annual debt service obligation incurred as of 1137 March 1, 2017, and any amount of participation requirement 1138 pursuant to s. 1013.64(2)(a)8. that is being satisfied by 1139 revenues raised by the discretionary millage. 1140 (b) Divide the school district’s adjusted discretionary 1141 millage revenue by the district’s total capital outlay full-time 1142 equivalent membership and the total number of unweighted full 1143 time equivalent students of each eligible charter school to 1144 determine a capital outlay allocation per full-time equivalent 1145 student. 1146 (c) Multiply the capital outlay allocation per full-time 1147 equivalent student by the total number of full-time equivalent 1148 students for allof eacheligible charter schools within the 1149 districtschoolto determine the total charter school capital 1150 outlay allocation for each districtcharter school. 1151 (d) If applicable, reduce the capital outlay allocation 1152 identified in paragraph (c) by the total amount of state funds 1153 allocated pursuant to subsection (2) to alleacheligible 1154 charter schools within a districtschoolin subsection (2)to 1155 determine the net totalmaximumcalculated capital outlay 1156 allocation from local funds. If state funds are not allocated 1157 pursuant to subsection (2), the amount determined in paragraph 1158 (c) is equal to the net total calculated capital outlay 1159 allocation from local funds for each district. 1160 (e) For each charter school within each district, the net 1161 capital outlay amount from local funds shall be calculated in 1162 the same manner as the state funds in paragraphs (2)(a)-(d), 1163 except that the base charter school per weighted FTE allocation 1164 amount shall be determined by dividing the net total capital 1165 outlay amount from local funds by the total weighted FTE for all 1166 eligible charter schools within the district. The per weighted 1167 FTE allocation amount from local funds shall be multiplied by 1168 the weighted FTE for each charter school to determine each 1169 charter school’s capital outlay allocation from local funds. 1170 (f)(e)School districts shall distribute capital outlay 1171 funds to charter schools no later than February 1 of each year,1172beginning on February 1, 2018, for the 2017-2018 fiscal year. 1173 Section 15. This act shall take effect July 1, 2018. 1174 1175 ================= T I T L E A M E N D M E N T ================ 1176 And the title is amended as follows: 1177 Delete everything before the enacting clause 1178 and insert: 1179 A bill to be entitled 1180 An act relating to K-12 education; amending s. 1181 1002.33, F.S.; extending the period of time for which 1182 a charter school may defer its opening for specified 1183 reasons; amending s. 1002.331, F.S.; revising the 1184 requirements for a charter school to be considered a 1185 high-performing charter school; amending s. 1002.333, 1186 F.S.; redefining the terms “persistently low 1187 performing school” and “school of hope”; revising the 1188 contents of a school of hope notice of intent and 1189 performance-based agreement; revising school of hope 1190 facility requirements; specifying that certain schools 1191 of hope are eligible to receive hope supplemental 1192 service allocation funds; requiring the State Board of 1193 Education to provide awards to all eligible schools 1194 that meet certain requirements; prohibiting a school 1195 of hope operator or owner from serving as the 1196 principal of a school of hope that he or she manages; 1197 conforming cross-references; creating s. 1002.334, 1198 F.S.; defining the term “franchise model school”; 1199 authorizing specified schools to use a franchise model 1200 school as a turnaround option; specifying requirements 1201 for a franchise model school principal; amending s. 1202 1007.273, F.S.; defining the term “structured 1203 program”; providing additional options for students 1204 participating in a structured program; prohibiting a 1205 district school board from limiting the number of 1206 public school students who may participate in a 1207 structured program; revising contract requirements; 1208 requiring each district school board to annually 1209 notify students in certain grades of certain 1210 information about the structured program, by a 1211 specified date; revising provisions relating to 1212 funding; requiring the state board to enforce 1213 compliance with certain provisions by a specified date 1214 each year; providing reporting requirements; amending 1215 s. 1008.33, F.S.; revising the turnaround options 1216 available for certain schools; amending s. 1011.62, 1217 F.S.; creating the hope supplemental services 1218 allocation; providing the purpose of the allocation; 1219 specifying the services that may be funded by the 1220 allocation; providing that implementation plans may 1221 include certain models; providing requirements for 1222 implementation plans; providing for the allocation of 1223 funds in specified fiscal years; creating the mental 1224 health assistance allocation; providing the purpose of 1225 the allocation; providing for the annual allocation of 1226 such funds on a specified basis; prohibiting the use 1227 of allocated funds to supplant funds provided from 1228 other operating funds, to increase salaries, or to 1229 provide bonuses; providing requirements for school 1230 districts and charter schools; providing that required 1231 plans must include certain elements; requiring school 1232 districts to annually submit approved plans to the 1233 Commissioner of Education by a specified date; 1234 requiring that entities that receive such allocations 1235 annually submit a final report on program outcomes and 1236 specific expenditures to the commissioner by a 1237 specified date; creating the funding compression 1238 allocation; providing the purpose of the allocation; 1239 authorizing funding for the annual allocation for 1240 specified purposes; providing the calculation for the 1241 allocation; amending s. 1011.69, F.S.; revising the 1242 types of funds school districts may withhold before 1243 allocating certain Title I funds to eligible schools; 1244 authorizing school districts to use such funds for 1245 specified purposes; amending s. 1011.71, F.S.; 1246 increasing the amount that a school district may 1247 expend from a specified millage levy for certain 1248 expenses; amending s. 1012.731, F.S.; deleting Florida 1249 Best and Brightest Teacher Scholarship Program 1250 scholarship awards authorized for specific school 1251 years; amending s. 1012.732, F.S.; specifying that a 1252 franchise model school principal is eligible to 1253 receive a Florida Best and Brightest Principal 1254 scholarship; requiring specified awards for eligible 1255 principals; amending s. 1013.31, F.S.; authorizing a 1256 district to use certain sources of funds for 1257 educational, auxiliary, and ancillary plant capital 1258 outlay purposes without needing a survey 1259 recommendation; amending s. 1013.385, F.S.; providing 1260 additional exceptions to certain building code 1261 regulations for school districts; amending s. 1013.62, 1262 F.S.; providing legislative intent; prohibiting a 1263 charter school from being eligible for capital outlay 1264 funds unless the chair of the governing board and the 1265 chief administrative officer of the charter school 1266 annually certify certain information; defining the 1267 term “affiliated party of the charter school”; 1268 revising the Department of Education’s calculation 1269 methodology for a school district’s distribution of 1270 discretionary millage to its eligible charter schools; 1271 providing an effective date.