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_Amendment_179276_to_Amendment_240726_.html
Bill Title: Education
Status: 2018-03-12 - Chapter No. 2018-6 [H7055 Detail]
Download: Florida-2018-H7055-Senate_Committee_Amendment_179276_to_Amendment_240726_.html
Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for HB 7055 Ì179276NÎ179276 LEGISLATIVE ACTION Senate . House Comm: WD . 02/27/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Brandes) recommended the following: 1 Senate Amendment to Amendment (240726) (with title 2 amendment) 3 4 Delete lines 609 - 756 5 and insert: 6 Section 12. Paragraph (d) of subsection (2), paragraphs (d) 7 and (h) of subsection (5), subsection (8), and paragraph (a) of 8 subsection (11) of section 1002.385, Florida Statutes, are 9 amended, and paragraph (p) is added to subsection (5) of that 10 section, to read: 11 1002.385 The Gardiner Scholarship.— 12 (2) DEFINITIONS.—As used in this section, the term: 13 (d) “Disability” means, for a 3- or 4-year-old child or for 14 a student in kindergarten to grade 12, autism spectrum disorder, 15 as defined in the Diagnostic and Statistical Manual of Mental 16 Disorders, Fifth Edition, published by the American Psychiatric 17 Association; cerebral palsy, as defined in s. 393.063(6); Down 18 syndrome, as defined in s. 393.063(15); an intellectual 19 disability, as defined in s. 393.063(24); Phelan-McDermid 20 syndrome, as defined in s. 393.063(28); Prader-Willi syndrome, 21 as defined in s. 393.063(29); spina bifida, as defined in s. 22 393.063(40); being a high-risk child, as defined in s. 23 393.063(23)(a); muscular dystrophy; Williams syndrome; a rare 24 disease, a disorder that affectsdiseaseswhichaffectpatient 25 populations offewer than200,000 individuals or fewer in the 26 United States, as defined by the Orphan Drug Act of 1983, Pub. 27 L. No. 97-414National Organization for Rare Disorders; 28 anaphylaxis; deaf; visually impaired; traumatic brain injured; 29 hospital or homebound; or identification as dual sensory 30 impaired, as defined by rules of the State Board of Education 31 and evidenced by reports from local school districts. The term 32 “hospital or homebound” includes a student who has a medically 33 diagnosed physical or psychiatric condition or illness, as 34 defined by the state board in rule, and who is confined to the 35 home or hospital for more than 6 months. 36 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be 37 used to meet the individual educational needs of an eligible 38 student and may be spent for the following purposes: 39 (d)Enrollment in, orTuition or fees associated with full 40 time or part-time enrollment in,a home education program, an 41 eligible private school, an eligible postsecondary educational 42 institution or a program offered by the postsecondary 43 institution,a private tutoring program authorized under s.441002.43,a virtual program offered by a department-approved 45 private online provider that meets the provider qualifications 46 specified in s. 1002.45(2)(a), the Florida Virtual School as a 47 private paying student, or an approved online course offered 48 pursuant to s. 1003.499 or s. 1004.0961. 49 (h) Tuition and fees for part-time tutoring services 50 provided by a person who holds a valid Florida educator’s 51 certificate pursuant to s. 1012.56; a person who holds an 52 adjunct teaching certificate pursuant to s. 1012.57; a person 53 who has a bachelor’s degree or a graduate degree in the subject 54 area in which instruction is given; or a person who has 55 demonstrated a mastery of subject area knowledge pursuant to s. 56 1012.56(5). As used in this paragraph, the term “part-time 57 tutoring services” does not qualify as regular school attendance 58 as defined in s. 1003.01(13)s. 1003.01(13)(e). 59 (p) Tuition or fees associated with enrollment in a 60 nationally or internationally recognized research-based training 61 program for a child with a neurological disorder or brain 62 damage. 63 64 A provider of any services receiving payments pursuant to this 65 subsection may not share, refund, or rebate any moneys from the 66 Gardiner Scholarship with the parent or participating student in 67 any manner. A parent, student, or provider of any services may 68 not bill an insurance company, Medicaid, or any other agency for 69 the same services that are paid for using Gardiner Scholarship 70 funds. 71 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible 72 private school may be sectarian or nonsectarian and shall: 73 (a) Comply with all requirements for private schools 74 participating in state school choice scholarship programs 75 pursuant to s. 1002.421. 76 (b) Provide to the organization, upon request, all 77 documentation required for the student’s participation, 78 including the private school’s and student’s fee schedules. 79 (c) Be academically accountable to the parent for meeting 80 the educational needs of the student by: 81 1. At a minimum, annually providing to the parent a written 82 explanation of the student’s progress. 83 2. Annually administering or making provision for students 84 participating in the program in grades 3 through 10 to take one 85 of the nationally norm-referenced tests identified by the 86 Department of Education or the statewide assessments pursuant to 87 s. 1008.22. Students with disabilities for whom standardized 88 testing is not appropriate are exempt from this requirement. A 89 participating private school shall report a student’s scores to 90 the parent. 91 3. Cooperating with the scholarship student whose parent 92 chooses to have the student participate in the statewide 93 assessments pursuant to s. 1008.22 or, if a private school 94 chooses to offer the statewide assessments, administering the 95 assessments at the school. 96 a. A participating private school may choose to offer and 97 administer the statewide assessments to all students who attend 98 the private school in grades 3 through 10. 99 b. A participating private school shall submit a request in 100 writing to the Department of Education by March 1 of each year 101 in order to administer the statewide assessments in the 102 subsequent school year. 103 (d) Employ or contract with teachers who have regular and 104 direct contact with each student receiving a scholarship under 105 this section at the school’s physical location. 106 (e) Provide a report from an independent certified public 107 accountant who performs the agreed-upon procedures developed 108 under s. 1002.395(6)(o) if the private school receives more than 109 $250,000 in funds from scholarships awarded under this chapter 110sectionin a state fiscal year. A private school subject to this 111 paragraph must annually submit the report by September 15 to the 112 organization that awarded the majority of the school’s 113 scholarship funds. The agreed-upon procedures must be conducted 114 in accordance with attestation standards established by the 115 American Institute of Certified Public Accountants. 116 117 If a private school fails or refusesis unableto meet the 118 requirements of this subsection or has consecutive years of 119 material exceptions listed in the report required under 120 paragraph (e), the commissioner may determine that the private 121 school is ineligible to participate in the program. 122 (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 123 PARTICIPATION.—A parent who applies for program participation 124 under this section is exercising his or her parental option to 125 determine the appropriate placement or the services that best 126 meet the needs of his or her child. The scholarship award for a 127 student is based on a matrix that assigns the student to support 128 Level III services. If a parent receives an IEP and a matrix of 129 services from the school district pursuant to subsection (7), 130 the amount of the payment shall be adjusted as needed, when the 131 school district completes the matrix. 132 (a) To satisfy or maintain program eligibility, including 133 eligibility to receive and spend program payments, the parent 134 must sign an agreement with the organization and annually submit 135 a notarized, sworn compliance statement to the organization to: 136 1. Affirm that the student is enrolled in a program that 137 meets regular school attendance requirements as provided in s. 138 1003.01(13)(b) or (c)s. 1003.01(13)(b)-(d). 139 2. Affirm that the program funds are used only for 140 authorized purposes serving the student’s educational needs, as 141 described in subsection (5). 142 3. Affirm that the parent is responsible for the education 143 of his or her student by, as applicable: 144 a. Requiring the student to take an assessment in 145 accordance with paragraph (8)(c); 146 b. Providing an annual evaluation in accordance with s. 147 1002.41(1)(c); or 148 c. Requiring the child to take any preassessments and 149 postassessments selected by the provider if the child is 4 years 150 of age and is enrolled in a program provided by an eligible 151 Voluntary Prekindergarten Education Program provider. A student 152 with disabilities for whom a preassessment and postassessment is 153 not appropriate is exempt from this requirement. A participating 154 provider shall report a student’s scores to the parent. 155 4. Affirm that the student remains in good standing with 156 the provider or school if those options are selected by the 157 parent. 158 159 A parent who fails to comply with this subsection forfeits the 160 Gardiner Scholarship. 161 Section 13. Section 1002.411, Florida Statutes, is created 162 to read: 163 1002.411 Reading scholarship accounts.— 164 (1) READING SCHOLARSHIP ACCOUNTS.—Reading scholarship 165 accounts are established to provide educational options for 166 students. 167 (2) ELIGIBILITY.—Contingent upon available funds, and on a 168 first-come, first-served basis, each student in grades 3 through 169 5 who is enrolled in a Florida public school is eligible for a 170 reading scholarship account if the student scored below a Level 171 3 on the grade 3 or grade 4 statewide, standardized English 172 Language Arts (ELA) assessment in the prior school year. An 173 eligible student who is classified as an English Learner and is 174 enrolled in a program or receiving services that are 175 specifically designed to meet the instructional needs of English 176 Learner students shall receive priority. 177 (3) PARENT AND STUDENT RESPONSIBILITIES FOR PARTICIPATION.— 178 (a) For an eligible student to receive a reading 179 scholarship account, the student’s parent must: 180 1. Submit an application to an eligible nonprofit 181 scholarship-funding organization by the deadline established by 182 such organization; and 183 2. Submit eligible expenses to the eligible nonprofit 184 scholarship-funding organization for reimbursement of qualifying 185 expenditures, which may include: 186 a. Instructional materials. 187 b. Curriculum. As used in this sub-subparagraph, the term 188 “curriculum” means a complete course of study for a particular 189 content area or grade level, including any required supplemental 190 materials and associated online instruction. 191 c. Tuition and fees for part-time tutoring services 192 provided by a person who holds a valid Florida educator’s 193 certificate pursuant to s. 1012.56; a person who holds a 194 baccalaureate or graduate degree in the subject area; a person 195 who holds an adjunct teaching certificate pursuant to s. 196 1012.57; or a person who has demonstrated a mastery of subject 197 area knowledge pursuant to s. 1012.56(5). 198 d. Fees for summer education programs. 199 e. Fees for after-school education programs. 200 201 A provider of any services receiving payments pursuant to this 202 subparagraph may not share any moneys from the reading 203 scholarship with, or provide a refund or rebate of any moneys 204 from such scholarship to, the parent or participating student in 205 any manner. A parent, student, or provider of any services may 206 not bill an insurance company, Medicaid, or any other agency for 207 the same services that are paid for using reading scholarship 208 funds. 209 (b) The parent is responsible for the payment of all 210 eligible expenses in excess of the amount in the account in 211 accordance with the terms agreed to between the parent and any 212 providers and may not receive any refund or rebate of any 213 expenditures made in accordance with paragraph (a). 214 (4) ADMINISTRATION.—An eligible nonprofit scholarship 215 funding organization participating in the Florida Tax Credit 216 Scholarship Program established by s. 1002.395 may establish 217 reading scholarship accounts for eligible students in accordance 218 with the requirements of eligible nonprofit scholarship-funding 219 organizations under this chapter. 220 (5) DEPARTMENT OBLIGATIONS.—The department shall have the 221 same duties imposed by this chapter upon the department 222 regarding oversight of scholarship programs administered by an 223 eligible nonprofit scholarship-funding organization. 224 (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—By 225 September 30, the school district shall notify the parent of 226 each student in grades 3 through 5 who scored below a level 3 on 227 the statewide, standardized ELA assessment in the prior school 228 year of the process to request and receive a reading 229 scholarship, subject to available funds. 230 (7) ACCOUNT FUNDING AND PAYMENT.— 231 (a) For the 2018-2019 school year, the amount of the 232 scholarship shall be $500 per eligible student. Thereafter, the 233 maximum amount awarded an eligible student shall be provided in 234 the General Appropriations Act. 235 (b) One hundred percent of the funds appropriated for the 236 reading scholarship accounts shall be released to the department 237 at the beginning of the first quarter of each fiscal year. 238 (c) Upon notification from the eligible nonprofit 239 scholarship-funding organization that a student has been 240 determined eligible for a reading scholarship, the department 241 shall release the student’s scholarship funds to such 242 organization to be deposited into the student’s account. 243 (d) Accrued interest in the student’s account is in 244 addition to, and not part of, the awarded funds. Account funds 245 include both the awarded funds and accrued interest. 246 (e) The eligible nonprofit scholarship-funding organization 247 may develop a system for payment of scholarship funds by funds 248 transfer, including, but not limited to, debit cards, electronic 249 payment cards, or any other means of payment that the department 250 deems to be commercially viable or cost-effective. A student’s 251 scholarship award may not be reduced for debit card or 252 electronic payment fees. Commodities or services related to the 253 development of such a system shall be procured by competitive 254 solicitation unless they are purchased from a state term 255 contract pursuant to s. 287.056. 256 (f) Payment of the scholarship shall be made by the 257 eligible nonprofit scholarship-funding organization no less 258 frequently than on a quarterly basis. 259 (g) In addition to funds appropriated for scholarships and 260 subject to a separate, specific legislative appropriation, an 261 organization may receive an amount equivalent to not more than 3 262 percent of the amount of each scholarship from state funds for 263 administrative expenses if the organization has operated as a 264 nonprofit entity for at least the preceding 3 fiscal years and 265 did not have any findings of material weakness or material 266 noncompliance in its most recent audit under s. 1002.395. Such 267 administrative expenses must be reasonable and necessary for the 268 organization’s management and distribution of scholarships under 269 this section. Funds authorized under this paragraph may not be 270 used for lobbying or political activity or expenses related to 271 lobbying or political activity. An organization may not charge 272 an application fee for a scholarship. Administrative expenses 273 may not be deducted from funds appropriated for scholarships. 274 (h) Moneys received pursuant to this section do not 275 constitute taxable income to the qualified student or his or her 276 parent. 277 (i) A student’s scholarship account must be closed and any 278 remaining funds shall revert to the state after: 279 1. Denial or revocation of scholarship eligibility by the 280 commissioner for fraud or abuse, including, but not limited to, 281 the student or student’s parent accepting any payment, refund, 282 or rebate, in any manner, from a provider of any services 283 received pursuant to subsection (3); or 284 2. Three consecutive fiscal years in which an account has 285 been inactive. 286 (8) LIABILITY.—No liability shall arise on the part of the 287 state based on the award or use of a reading scholarship 288 account. 289 Section 14. Paragraph (a) of subsection (1) of section 290 1003.436, Florida Statutes, is amended to read: 291 1003.436 Definition of “credit.”— 292 (1)(a) For the purposes of requirements for high school 293 graduation, one full credit means a minimum of 135 hours of bona 294 fide instruction in a designated course of study that contains 295 student performance standards, except as otherwise provided 296 through the Credit Acceleration Program (CAP) under s. 297 1003.4295(3). One full credit means a minimum of 120 hours of 298 bona fide instruction in a designated course of study that 299 contains student performance standards for purposes of meeting 300 high school graduation requirements in a district school that 301 has been authorized to implement block scheduling by the 302 district school board. In lieu of the 135- and 120-hour 303 instruction requirements, district school boards participating 304 in the Mastery-Based Education Pilot Program under s. 1003.4996, 305 may determine and award credit based on a student’s mastery of 306 the core content and skills, consistent with s. 1003.41, as 307 approved by the district school board. The State Board of 308 Education shall determine the number of postsecondary credit 309 hours earned through dual enrollment pursuant to s. 1007.271 310 that satisfy the requirements of a dual enrollment articulation 311 agreement according to s. 1007.271(21) and that equal one full 312 credit of the equivalent high school course identified pursuant 313 to s. 1007.271(9). 314 Section 15. Section 1003.437, Florida Statutes, is amended 315 to read: 316 1003.437 Middle and high school grading system.— 317 (1) The grading system and interpretation of letter grades 318 used to measure student success in grade 6 through grade 12 319 courses for students in public schools shall be as follows: 320 (a)(1)Grade “A” equals 90 percent through 100 percent, has 321 a grade point average value of 4, and is defined as “outstanding 322 progress.” 323 (b)(2)Grade “B” equals 80 percent through 89 percent, has 324 a grade point average value of 3, and is defined as “above 325 average progress.” 326 (c)(3)Grade “C” equals 70 percent through 79 percent, has 327 a grade point average value of 2, and is defined as “average 328 progress.” 329 (d)(4)Grade “D” equals 60 percent through 69 percent, has 330 a grade point average value of 1, and is defined as “lowest 331 acceptable progress.” 332 (e)(5)Grade “F” equals zero percent through 59 percent, 333 has a grade point average value of zero, and is defined as 334 “failure.” 335 (f)(6)Grade “I” equals zero percent, has a grade point 336 average value of zero, and is defined as “incomplete.” 337 (2) District school boards participating in the Mastery 338 Based Education Pilot Program under s. 1003.4996 may use an 339 alternative interpretation of letter grades to measure student 340 success in grades 6 through 12. 341 342 For the purposes of class ranking, district school boards may 343 exercise a weighted grading system pursuant to s. 1007.271. 344 Section 16. Section 1003.4996, Florida Statutes, is amended 345 to read: 346 1003.4996 Mastery-BasedCompetency-BasedEducation Pilot 347 Program.—Beginning with the 2016-2017 school year,The Mastery 348 BasedCompetency-BasedEducation Pilot Program is created within 349 the Department of Education to be administered for a period of 5 350 years. The purpose of the pilot program is to provide an 351 educational environment that allows students to advance to 352 higher levels of learning upon the mastery of concepts and 353 skills through statutory exemptions relating to student 354 progression and the awarding of credits. 355 (1) PARTICIPATION.—The P.K. Yonge Developmental Research 356 School and public school districts, including, but not limited 357 to, the Lake, Palm Beach, Pinellas, and Seminole County School 358 Districts, may submit an application in a format prescribed by 359 the department to participate in the pilot program. 360 (2) APPLICATION.—The application to participate in the 361 pilot program must, at a minimum, include: 362 (a) The vision and timelines for the implementation of 363 mastery-basedcompetency-basededucation within the school 364 district, including a list of the schools that will participate 365 in the pilot program during the first school year and the list 366 of schools that will be integrated into the program in 367 subsequent school years. 368 (b) The annual goals and performance outcomes for 369 participating schools, including, but not limited to: 370 1. Student performance as defined in s. 1008.34. 371 2. Promotion and retention rates. 372 3. Graduation rates. 373 4. Indicators of college and career readiness. 374 (c) A communication plan for parents and other 375 stakeholders, including local businesses and community members. 376 (d) The scope of and timelines for professional development 377 for school instructional and administrative personnel. 378 (e) A plan for student progression based on the mastery of 379 content, including mechanisms that determine and ensure that a 380 student has satisfied the requirements for grade-level promotion 381 and content mastery. 382 (f) A plan for using technology and digital and blended 383 learning to enhance student achievement and facilitate the 384 mastery-basedcompetency-basededucation system. 385 (g) The proposed allocation of resources for the pilot 386 program at the school and district levels. 387 (h) The recruitment and selection of participating schools. 388 (i) The rules to be waived for participating schools 389 pursuant to subsection (3) to implement the pilot program. 390 (3) EXEMPTION FROM RULES.—In addition to the waivers 391 authorized in s. 1001.10(3), the State Board of Education may 392 authorize the commissioner to grant an additional waiver of 393 rules relating to student progression and the awarding of 394 credits. 395 (4) ALTERNATE CREDIT AND LETTER GRADE SYSTEMS.— 396 (a) Beginning with the 2018-2019 school year, participating 397 school districts may amend their applications to include 398 alternatives for awarding credit, as authorized under s. 399 1003.436, and for the interpretation of middle and high school 400 letter grades, as authorized under s. 1003.437. 401 1. Alternatives to awarding credit must include a 402 verification of the student’s mastery of the applicable course 403 content using rigorous scoring rubrics to evaluate the student’s 404 work. 405 2. Alternatives to the interpretation of middle and high 406 school letter grades may substitute the applicable language from 407 the school district’s rigorous scoring rubric. 408 (b) An application that is amended pursuant to this 409 subsection must be approved by the district school board. 410 (5)(4)STUDENT FUNDING.—Students enrolled in a 411 participating school shall be reported for and generate funding 412 pursuant to s. 1011.62. 413 (6)(5)DEPARTMENT DUTIES.—The department shall: 414 (a) Compile the student and staff schedules of 415 participating schools before and after implementation of the 416 pilot program. 417 (b) Provide participating schools with access to statewide, 418 standardized assessments required under s. 1008.22. 419 (c) Annually, by June 1, provide to the Governor, the 420 President of the Senate, and the Speaker of the House of 421 Representatives a report summarizing the activities and 422 accomplishments of the pilot program and any recommendations for 423 statutory revisions. 424(6)RULES.—The State Board of Education shall adopt rules425to administer this section.426 Section 17. Subsection (7) is added to section 1007.23, 427 Florida Statutes, to read: 428 1007.23 Statewide articulation agreement.— 429 (7) The articulation agreement must ensure fair and 430 equitable access for high school graduates with mastery-based, 431 nontraditional diplomas and transcripts. 432 Section 18. For the 2018-2019 fiscal year, the sum of $9.7 433 million in recurring funds from the General Revenue Fund is 434 appropriated to the Department of Education to fund reading 435 scholarship accounts pursuant to s. 1002.411, Florida Statutes, 436 and $300,000 in recurring funds from the General Revenue Fund 437 shall be provided as an administrative fee pursuant to s. 438 1002.411(7)(g), Florida Statutes. 439 440 ================= T I T L E A M E N D M E N T ================ 441 And the title is amended as follows: 442 Delete lines 3387 - 3391 443 and insert: 444 eligible expenditures for the program; revising 445 requirements for private schools that participate in 446 the program; specifying that the failure or refusal, 447 rather than the inability of, a private school to meet 448 certain requirements constitutes a basis for program 449 ineligibility; conforming cross-references; creating 450 s. 1002.411, F.S.; establishing reading scholarship 451 accounts for specified purposes; providing for 452 eligibility for scholarships; providing for 453 administration; providing duties of the Department of 454 Education; providing school district obligations; 455 specifying options for parents; providing that maximum 456 funding shall be specified in the General 457 Appropriations Act; providing for payment of funds; 458 specifying that no state liability arises from the 459 award or use of such an account; amending s. 1003.436, 460 F.S.; authorizing a district school board 461 participating in the Mastery-Based Education Pilot 462 Program to award credit based on student mastery of 463 certain content and skills; amending s. 1003.437, 464 F.S.; authorizing a district school board 465 participating in the Mastery-Based Education Pilot 466 Program to use an alternative interpretation of letter 467 grades for certain students; amending s. 1003.4996, 468 F.S.; renaming the Competency-Based Education Pilot 469 Program as the Mastery-Based Education Pilot Program; 470 authorizing public school districts to submit 471 applications for the program; authorizing 472 participating school districts to amend their 473 applications to include alternatives for the award 474 credits and interpretation of letter grades; providing 475 requirements for such alternatives; deleting a 476 requirement that the State Board of Education adopt 477 rules; amending s. 1007.23, F.S.; requiring the 478 statewide articulation agreement to ensure fair and 479 equitable access for students with mastery-based, 480 nontraditional diplomas and transcripts; providing an 481 appropriation; amending