Florida Senate - 2017                                    SB 14-A
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00036A-17A                                          201714A__
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1001.42, F.S.; revising provisions relating to school
    4         improvement plans; requiring only specified schools to
    5         submit a school improvement plan; deleting a
    6         requirement that certain information be included in
    7         the improvement plans of certain schools; revising the
    8         grade levels required to implement an early warning
    9         system; revising the required content of an early
   10         warning system; requiring a specified team to monitor
   11         specified data; revising what constitutes an
   12         educational emergency and establishing duties of
   13         district school boards relating to such emergency;
   14         amending s. 1002.33, F.S.; revising the criteria a
   15         charter school must meet to require corrective action;
   16         revising requirements for corrective action by charter
   17         schools; revising criteria for waiver of automatic
   18         charter termination; revising the purpose of charter
   19         school cooperatives; authorizing the use of
   20         unrestricted net assets and unrestricted surplus for
   21         specified charter schools; requiring such funds to be
   22         used in accordance with specified provisions; amending
   23         s. 1002.332, F.S.; conforming a cross-reference;
   24         amending s. 1008.33, F.S.; providing that intervention
   25         and support services apply consistently to any school
   26         meeting specified criteria; revising the required
   27         timeline for the implementation of a district-managed
   28         turnaround plan; providing turnaround options
   29         available to school districts meeting specified
   30         criteria; amending s. 1008.345, F.S.; revising the
   31         criteria a school must meet to have a community
   32         assessment team; revising the duties of a community
   33         assessment team; amending s. 1011.62, F.S.; revising
   34         the requirements for an independent college or
   35         university to participate in specified programs;
   36         creating s. 1012.732, F.S.; creating the Florida Best
   37         and Brightest Teacher and Principal Scholar Award
   38         Program to be administered by the Department of
   39         Education; providing the intent and purpose of the
   40         program; providing eligibility requirements for
   41         classroom teachers and school administrators to
   42         participate in the program; providing timelines and
   43         requirements for program implementation; providing
   44         funding priorities; defining the term “school
   45         district”; requiring the State Board of Education to
   46         adopt rules; providing for construction of the act in
   47         pari materia with laws enacted during the 2017 Regular
   48         Session of the Legislature; providing an effective
   49         date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraphs (a) and (b) of subsection (18) and
   54  subsection (21) of section 1001.42, Florida Statutes, are
   55  amended to read:
   56         1001.42 Powers and duties of district school board.—The
   57  district school board, acting as a board, shall exercise all
   58  powers and perform all duties listed below:
   59         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   60  Maintain a system of school improvement and education
   61  accountability as provided by statute and State Board of
   62  Education rule. This system of school improvement and education
   63  accountability shall be consistent with, and implemented
   64  through, the district’s continuing system of planning and
   65  budgeting required by this section and ss. 1008.385, 1010.01,
   66  and 1011.01. This system of school improvement and education
   67  accountability shall comply with the provisions of ss. 1008.33,
   68  1008.34, 1008.345, and 1008.385 and include the following:
   69         (a) School improvement plans.—
   70         1. The district school board shall annually approve and
   71  require implementation of a new, amended, or continuation school
   72  improvement plan for each school in the district which has a
   73  school grade of “D” or “F”;. If a school has a significant gap
   74  in achievement on statewide, standardized assessments
   75  administered pursuant to s. 1008.22 by one or more student
   76  subgroups, as defined in the federal Elementary and Secondary
   77  Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
   78  significantly increased the percentage of students passing
   79  statewide, standardized assessments; has not significantly
   80  increased the percentage of students demonstrating Learning
   81  Gains, as defined in s. 1008.34 and as calculated under s.
   82  1008.34(3)(b), who passed statewide, standardized assessments;
   83  or has significantly lower graduation rates for a subgroup when
   84  compared to the state’s graduation rate. The, that school’s
   85  improvement plan of a school that meets the requirements of this
   86  paragraph shall include strategies for improving these results.
   87  The state board shall adopt rules establishing thresholds and
   88  for determining compliance with this paragraph subparagraph.
   89         2. A school that includes any of grades 6, 7, or 8 shall
   90  include annually in its school improvement plan information and
   91  data on the school’s early warning system required under
   92  paragraph (b), including a list of the early warning indicators
   93  used in the system, the number of students identified by the
   94  system as exhibiting two or more early warning indicators, the
   95  number of students by grade level that exhibit each early
   96  warning indicator, and a description of all intervention
   97  strategies employed by the school to improve the academic
   98  performance of students identified by the early warning system.
   99  In addition, a school that includes any of grades 6, 7, or 8
  100  shall describe in its school improvement plan the strategies
  101  used by the school to implement the instructional practices for
  102  middle grades emphasized by the district’s professional
  103  development system pursuant to s. 1012.98(4)(b)9.
  104         (b) Early warning system.—
  105         1. A school that serves any students in grade 1 through
  106  grade includes any of grades 6, 7, or 8 shall implement an early
  107  warning system to identify students in such grades 6, 7, and 8
  108  who need additional support to improve academic performance and
  109  stay engaged in school. The early warning system must include
  110  the following early warning indicators:
  111         a. Attendance below 90 percent, regardless of whether
  112  absence is excused or a result of out-of-school suspension.
  113         b. One or more suspensions, whether in school or out of
  114  school.
  115         c. Course failure in English Language Arts or mathematics
  116  during any grading period.
  117         d. A Level 1 score on the statewide, standardized
  118  assessments in English Language Arts or mathematics or, for
  119  students in grade 1 through grade 3, a substantial deficiency in
  120  reading under s. 1008.25(5)(a).
  121  
  122  A school district may identify additional early warning
  123  indicators for use in a school’s early warning system. Beginning
  124  in the 2018-2019 academic year, the system must include data on
  125  the number of students identified by the system as exhibiting
  126  two or more early warning indicators, the number of students by
  127  grade level who exhibit each early warning indicator, and a
  128  description of all intervention strategies employed by the
  129  school to improve the academic performance of students
  130  identified by the early warning system.
  131         2. When a student exhibits two or more early warning
  132  indicators, the school’s child study team under s. 1003.02 or a
  133  school-based team formed for the purpose of implementing the
  134  requirements of this paragraph, in consultation with the
  135  student’s parent, shall convene to determine appropriate
  136  intervention strategies for the student. The team must use data
  137  and information relating to a student’s early warning indicators
  138  to inform any intervention strategies provided to the student.
  139  The school shall provide at least 10 days’ written notice of the
  140  meeting to the student’s parent, indicating the meeting’s
  141  purpose, time, and location, and provide the parent the
  142  opportunity to participate.
  143         (21) EDUCATIONAL AUTHORITY TO DECLARE AN EMERGENCY.—Pursue
  144  negotiations of May declare an emergency in cases in which one
  145  or more schools in the district are failing or are in danger of
  146  failing and negotiate special provisions of its contract with
  147  the appropriate bargaining units to free these schools meeting
  148  specified conditions from contract restrictions that limit a the
  149  school’s ability to implement programs and strategies needed to
  150  improve student performance. The negotiations must result in a
  151  memorandum of understanding that addresses the selection,
  152  placement, and expectations of instructional personnel and
  153  school administrators. For purposes of this subsection, an
  154  educational emergency exists in a school district under the
  155  following conditions, and the school board must act accordingly:
  156         (a) A school board may negotiate in cases in which one or
  157  more schools in the district have a school grade of “D” or in
  158  which a school is in danger of earning a grade of “F.”
  159         (b) Beginning in the 2018-2019 academic year, a school
  160  board may negotiate in cases in which one or more schools in the
  161  district are currently subject to, or are in danger of being
  162  subject to, a differentiated matrix of intervention and support
  163  strategies as a turnaround school or turnaround schools under s.
  164  1008.33(3)(c).
  165         Section 2. Paragraph (n) of subsection (9), subsection
  166  (13), and paragraph (b) of subsection (17) of section 1002.33,
  167  Florida Statutes, are amended to read:
  168         1002.33 Charter schools.—
  169         (9) CHARTER SCHOOL REQUIREMENTS.—
  170         (n)1. The director and a representative of the governing
  171  board of a charter school that has earned a grade of “D” or is
  172  in danger of earning a grade of “F” pursuant to s. 1008.34 shall
  173  appear before the sponsor to present information concerning each
  174  contract component having noted deficiencies. The director and a
  175  representative of the governing board shall submit to the
  176  sponsor for approval a school improvement plan to raise student
  177  performance. Upon approval by the sponsor, the charter school
  178  shall begin implementation of the school improvement plan. The
  179  department shall offer technical assistance and training to the
  180  charter school and its governing board and establish guidelines
  181  for developing, submitting, and approving such plans.
  182         2.a. If a charter school earns a grade of “F” or two three
  183  consecutive grades below a “C,” of “D,” two consecutive grades
  184  of “D” followed by a grade of “F,” or two nonconsecutive grades
  185  of “F” within a 3-year period, the turnaround charter school
  186  governing board must immediately implement its approved school
  187  improvement plan for the remainder of the school year and
  188  continue implementation for at least 1 school year, and shall
  189  choose one of the following corrective actions:
  190         (I) Contract for educational services to be provided
  191  directly to students, instructional personnel, and school
  192  administrators, as prescribed in state board rule;
  193         (II) Contract with an outside entity that has a
  194  demonstrated record of effectiveness to operate the school;
  195         (III) Reorganize the school under a new director or
  196  principal who is authorized to hire new staff; or
  197         (IV) Voluntarily close the charter school.
  198         b. The turnaround charter school must implement the
  199  corrective action in the school year following receipt of a
  200  grade of “F” or a second third consecutive grade below a “C.” of
  201  “D,” a grade of “F” following two consecutive grades of “D,” or
  202  a second nonconsecutive grade of “F” within a 3-year period.
  203         c. The sponsor may annually waive a corrective action if it
  204  determines that the turnaround charter school is likely to
  205  improve a letter grade if additional time is provided to
  206  implement the intervention and support strategies prescribed by
  207  the school improvement plan. Notwithstanding this sub
  208  subparagraph, a charter school that earns a second consecutive
  209  grade of “F” is subject to subparagraph 3. 4.
  210         d. A turnaround charter school is no longer required to
  211  implement a corrective action if it improves to a grade of “C”
  212  or higher by at least one letter grade. However, the charter
  213  school must continue to implement strategies identified in the
  214  school improvement plan. The sponsor must annually review
  215  implementation of the school improvement plan to monitor the
  216  school’s continued improvement pursuant to subparagraph 4. 5.
  217         e. A turnaround charter school implementing a corrective
  218  action that does not improve to a grade of “C” or higher by at
  219  least one letter grade after 2 full school years of implementing
  220  the corrective action must select a different corrective action.
  221  Implementation of the new corrective action must begin in the
  222  school year following the implementation period of the existing
  223  corrective action, unless the sponsor determines that the
  224  charter school is likely to improve to a grade of “C” or higher
  225  a letter grade if additional time is provided to implement the
  226  existing corrective action. Notwithstanding this sub
  227  subparagraph, a charter school that earns a second consecutive
  228  grade of “F” while implementing a corrective action is subject
  229  to subparagraph 3. 4.
  230         3. A charter school with a grade of “D” or “F” that
  231  improves by at least one letter grade must continue to implement
  232  the strategies identified in the school improvement plan. The
  233  sponsor must annually review implementation of the school
  234  improvement plan to monitor the school’s continued improvement
  235  pursuant to subparagraph 5.
  236         3.4. A charter school’s charter contract is automatically
  237  terminated if the school earns two consecutive grades of “F”
  238  after all school grade appeals are final unless:
  239         a. The charter school is established to turn around the
  240  performance of a district public school pursuant to s.
  241  1008.33(4)(b)6. s. 1008.33(4)(b)3. Such charter schools shall be
  242  governed by s. 1008.33;
  243         b. The charter school serves a student population the
  244  majority of which resides in a school zone served by a district
  245  public school subject to s. 1008.33(4) that earned a grade of
  246  “F” in the year before the charter school opened and the charter
  247  school earns at least a grade of “D” in its third year of
  248  operation. The exception provided under this sub-subparagraph
  249  does not apply to a charter school in its fourth year of
  250  operation and thereafter; or
  251         c. The state board grants the charter school a waiver of
  252  termination. The charter school must request the waiver within
  253  15 days after the department’s official release of school
  254  grades. The state board may waive termination if the charter
  255  school demonstrates that the Learning Gains of its students on
  256  statewide assessments are comparable to or better than the
  257  Learning Gains of similarly situated students enrolled in nearby
  258  district public schools. The waiver is valid for 1 year and may
  259  only be granted once. Charter schools that have been in
  260  operation for more than 5 years are not eligible for a waiver
  261  under this sub-subparagraph.
  262  
  263  The sponsor shall notify the charter school’s governing board,
  264  the charter school principal, and the department in writing when
  265  a charter contract is terminated under this subparagraph. The
  266  letter of termination must meet the requirements of paragraph
  267  (8)(c). A charter terminated under this subparagraph must follow
  268  the procedures for dissolution and reversion of public funds
  269  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  270         4.5. The director and a representative of the governing
  271  board of a graded charter school that has implemented a school
  272  improvement plan under this paragraph shall appear before the
  273  sponsor at least once a year to present information regarding
  274  the progress of intervention and support strategies implemented
  275  by the school pursuant to the school improvement plan and
  276  corrective actions, if applicable. The sponsor shall communicate
  277  at the meeting, and in writing to the director, the services
  278  provided to the school to help the school address its
  279  deficiencies.
  280         5.6. Notwithstanding any provision of this paragraph except
  281  sub-subparagraphs 3.a.-c. 4.a.-c., the sponsor may terminate the
  282  charter at any time pursuant to subsection (8).
  283         (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
  284  into cooperative agreements to form charter school cooperative
  285  organizations that may provide the following services to further
  286  educational, operational, and administrative initiatives in
  287  which the participating charter schools share common interests:
  288  charter school planning and development, direct instructional
  289  services, and contracts with charter school governing boards to
  290  provide personnel administrative services, payroll services,
  291  human resource management, evaluation and assessment services,
  292  teacher preparation, and professional development.
  293         (17) FUNDING.—Students enrolled in a charter school,
  294  regardless of the sponsorship, shall be funded as if they are in
  295  a basic program or a special program, the same as students
  296  enrolled in other public schools in the school district. Funding
  297  for a charter lab school shall be as provided in s. 1002.32.
  298         (b) The basis for the agreement for funding students
  299  enrolled in a charter school shall be the sum of the school
  300  district’s operating funds from the Florida Education Finance
  301  Program as provided in s. 1011.62 and the General Appropriations
  302  Act, including gross state and local funds, discretionary
  303  lottery funds, and funds from the school district’s current
  304  operating discretionary millage levy; divided by total funded
  305  weighted full-time equivalent students in the school district;
  306  multiplied by the weighted full-time equivalent students for the
  307  charter school. Charter schools whose students or programs meet
  308  the eligibility criteria in law are entitled to their
  309  proportionate share of categorical program funds included in the
  310  total funds available in the Florida Education Finance Program
  311  by the Legislature, including transportation, the research-based
  312  reading allocation, and the Florida digital classrooms
  313  allocation. Total funding for each charter school shall be
  314  recalculated during the year to reflect the revised calculations
  315  under the Florida Education Finance Program by the state and the
  316  actual weighted full-time equivalent students reported by the
  317  charter school during the full-time equivalent student survey
  318  periods designated by the Commissioner of Education. For charter
  319  schools operated by a not-for-profit or municipal entity, any
  320  unrestricted surplus or unrestricted net assets identified in
  321  the charter school’s annual audit may be used for K-12
  322  educational purposes for other charter schools in the state
  323  operated by the same not-for-profit or municipal entity. Surplus
  324  operating funds shall be used in accordance with s. 1011.62, and
  325  surplus capital outlay funds shall be used in accordance with s.
  326  1013.62(2).
  327         Section 3. Paragraph (b) of subsection (1) of section
  328  1002.332, Florida Statutes, is amended to read:
  329         1002.332 High-performing charter school system.—
  330         (1) For purposes of this section, the term:
  331         (b) “High-performing charter school system” means an entity
  332  that:
  333         1. Operated at least three high-performing charter schools
  334  in the state during each of the previous 3 school years;
  335         2. Operated a system of charter schools in which at least
  336  50 percent of the charter schools were high-performing charter
  337  schools pursuant to s. 1002.331 and no charter school earned a
  338  school grade of “D” or “F” pursuant to s. 1008.34 in any of the
  339  previous 3 school years regardless of whether the entity
  340  currently operates the charter school, except that:
  341         a. If the entity assumed operation of a public school
  342  pursuant to s. 1008.33(4)(b)6. s. 1008.33(4)(b)3. with a school
  343  grade of “F,” that school’s grade may not be considered in
  344  determining high-performing charter school system status for a
  345  period of 3 years.
  346         b. If the entity established a new charter school that
  347  served a student population the majority of which resided in a
  348  school zone served by a public school that earned a grade of “F”
  349  or three consecutive grades of “D” pursuant to s. 1008.34, that
  350  charter school’s grade may not be considered in determining
  351  high-performing charter school system status if it attained and
  352  maintained a school grade that was higher than that of the
  353  public school serving that school zone within 3 years after
  354  establishment; and
  355         3. Did not receive a financial audit that revealed one or
  356  more of the financial emergency conditions set forth in s.
  357  218.503(1) for any charter school assumed or established by the
  358  entity in the most recent 3 fiscal years for which such audits
  359  are available.
  360         Section 4. Subsections (3), (4), and (5) of section
  361  1008.33, Florida Statutes, are amended to read:
  362         1008.33 Authority to enforce public school improvement.—
  363         (3)(a) The academic performance of all students has a
  364  significant effect on the state school system. Pursuant to Art.
  365  IX of the State Constitution, which prescribes the duty of the
  366  State Board of Education to supervise Florida’s public school
  367  system, the state board shall equitably enforce the
  368  accountability requirements of the state school system and may
  369  impose state requirements on school districts in order to
  370  improve the academic performance of all districts, schools, and
  371  students based upon the provisions of the Florida K-20 Education
  372  Code, chapters 1000-1013; the federal ESEA and its implementing
  373  regulations; and the ESEA flexibility waiver approved for
  374  Florida by the United States Secretary of Education.
  375         (b) Beginning with the 2011-2012 school year, The
  376  Department of Education shall annually identify each public
  377  school in need of intervention and support to improve student
  378  academic performance. All schools earning a grade of “D” or in
  379  danger of earning a grade of “F” pursuant to s. 1008.34 are
  380  considered schools in need of intervention and support.
  381         (c) To assist in implementing paragraph (4)(a) and (b), the
  382  state board shall adopt by rule a differentiated matrix of
  383  intervention and support strategies for assisting traditional
  384  public schools identified under this section and rules for
  385  implementing s. 1002.33(9)(n), relating to charter schools. The
  386  intervention and support strategies must address student
  387  performance and include extended learning by at least 1 extra
  388  hour, and may include improvement planning, leadership quality
  389  improvement, educator quality improvement, professional
  390  development, curriculum alignment and pacing, and the use of
  391  continuous improvement and monitoring plans and processes. In
  392  addition, the state board may prescribe reporting requirements
  393  to review and monitor the progress of the schools. The rule must
  394  define the intervention and support strategies for school
  395  improvement for schools earning a grade of “D” or “F” and the
  396  roles for the district and department. The rule shall define and
  397  differentiate among schools as follows: earning consecutive
  398  grades of “D” or “F,” or a combination thereof, and provide for
  399  more intense monitoring, intervention, and support strategies
  400  for these schools.
  401         1. A “school-in-need” means a school that has a grade of
  402  “D” or that is in danger of earning a grade of “F,” and that is
  403  in need of intervention and support under paragraph (b);
  404         2. A “turnaround school” means a school with a grade of “F”
  405  or two consecutive grades below a “C” which is in need of
  406  intensive intervention and support and which is implementing a
  407  district-managed turnaround plan or a different turnaround
  408  option approved pursuant to subsection (4). A “turnaround
  409  charter school” is a charter school subject to the requirements
  410  of s. 1002.33(9)(n); and
  411         3. A “persistently low-performing school” means a
  412  turnaround school that has been subject to a differentiated
  413  matrix of intensive intervention and support strategies for more
  414  than 3 consecutive years, or a turnaround school that was closed
  415  pursuant to s. 1008.33(4) within 2 years after the submission of
  416  a notice of intent.
  417  
  418  The rule must also define a “low-performing school” to include,
  419  at minimum, any school meeting the requirements of this
  420  subsection.
  421         (4)(a) The state board shall apply intensive the most
  422  intense intervention and support strategies to turnaround
  423  schools earning a grade of “F” or two consecutive grades below a
  424  “C.” “F.” In the first full school year after a school initially
  425  receives earns a turnaround school designation, grade of “F,”
  426  the school district must immediately implement intensive
  427  intervention and support strategies prescribed in rule under
  428  paragraph (3)(c) and, by September 1, provide, select a
  429  turnaround option from those provided in subparagraphs (b)1.-5.,
  430  and submit a plan for implementing the turnaround option to the
  431  department with the memorandum of understanding negotiated
  432  pursuant to s. 1001.42(21) and with a district-managed
  433  turnaround plan for approval by the state board. Upon approval
  434  by the state board, the school district must implement the plan
  435  for the remainder of the school year and continue the plan for 1
  436  full school year for approval by the state board. Upon approval
  437  by the state board, the turnaround option must be implemented in
  438  the following school year.
  439         (b) The turnaround options available to the turnaround a
  440  school district to address a school include one or a combination
  441  of the following turnaround options, giving priority to the
  442  first three options that earns a grade of “F” are:
  443         1. Implement an extended school day with at least 1 hour of
  444  additional learning time. Convert the school to a district
  445  managed turnaround school;
  446         2. Enter into a formal agreement with a nonprofit
  447  organization with tax exempt status under s. 501(c)(3) of the
  448  Internal Revenue Code to implement an integrated student support
  449  service model that provides students and families with access to
  450  wrap-around services, including, but not limited to, health
  451  services, after-school programs, drug-prevention programs,
  452  college and career readiness, and food and clothing banks.
  453  Districts implementing this option may be eligible for
  454  additional funding as provided in the General Appropriations
  455  Act.
  456         3. Implement a principal autonomy program school, through a
  457  performance contract and in accordance with proposal elements,
  458  criteria, and timelines established by the state board pursuant
  459  to s. 1011.6202(2)(b) specifically tailored for a turnaround
  460  school. For purposes of this section, a school district using
  461  this option for its turnaround school is eligible to participate
  462  in, and receive the benefits of, the principal autonomy program,
  463  pursuant to s. 1011.6202(1) for only the turnaround school.
  464         5.2. Reassign students to another school and monitor the
  465  progress of each reassigned student.;
  466         6.3. Close the school and reopen the school as one or more
  467  charter schools, each with a governing board that has a
  468  demonstrated record of effectiveness.;
  469         4. Contract as a conversion charter school or with an
  470  outside entity that has a demonstrated record of effectiveness
  471  to operate the school.; or
  472         5. Implement a hybrid of turnaround options set forth in
  473  subparagraphs 1.-4. or other turnaround models that have a
  474  demonstrated record of effectiveness.
  475         (c) A school earning a grade of “F” shall have a planning
  476  year followed by 2 full school years to implement the initial
  477  turnaround option selected by the school district and approved
  478  by the state board. Implementation of the turnaround option is
  479  no longer required if the school improves to a grade of “C” or
  480  higher by at least one letter grade.
  481         (d) A school earning a grade of “F” that improves its
  482  letter grade must continue to implement strategies identified in
  483  its school improvement plan pursuant to s. 1001.42(18)(a). The
  484  department must annually review implementation of the school
  485  improvement plan for 3 years to monitor the school’s continued
  486  improvement.
  487         (d)(e) If a turnaround school earning a grade of “F” does
  488  not improve to a grade of “C” or higher by at least one letter
  489  grade after 2 full school years of implementing the turnaround
  490  option selected by the school district under paragraph (b), the
  491  school district must implement select a different option and
  492  submit another turnaround option implementation plan to the
  493  department for approval by the state board. Implementation of
  494  the turnaround option approved plan must begin the school year
  495  following the implementation period of the existing turnaround
  496  option, unless the state board determines that the school is
  497  likely to improve to a grade of “C” or higher a letter grade if
  498  additional time is provided to implement the existing turnaround
  499  option.
  500         (5) A school that earns a grade of “D” for 3 consecutive
  501  years must implement the district-managed turnaround option
  502  pursuant to subparagraph (4)(b)1. The school district must
  503  submit an implementation plan to the department for approval by
  504  the state board.
  505         Section 5. Paragraph (d) of subsection (6) of section
  506  1008.345, Florida Statutes, is amended to read:
  507         1008.345 Implementation of state system of school
  508  improvement and education accountability.—
  509         (6)
  510         (d) The commissioner shall assign a community assessment
  511  team to each school district or governing board with a
  512  turnaround school that earned a grade of “F” or three
  513  consecutive grades of “D” pursuant to s. 1008.34 to review the
  514  school performance data and determine causes for the low
  515  performance, including the role of school, area, and district
  516  administrative personnel. The community assessment team shall
  517  review a high school’s graduation rate calculated without high
  518  school equivalency diploma recipients for the past 3 years,
  519  disaggregated by student ethnicity. The team shall make
  520  recommendations to the school board or the governing board and
  521  to the State Board of Education based on the interventions and
  522  support strategies identified pursuant to subsection (5) to
  523  which address the causes of the school’s low performance and to
  524  incorporate the strategies and may be incorporated into the
  525  school improvement plan. The assessment team shall include, but
  526  not be limited to, a department representative, parents,
  527  business representatives, educators, representatives of local
  528  governments, and community activists, and shall represent the
  529  demographics of the community from which they are appointed.
  530         Section 6. Paragraph (i) of subsection (1) of section
  531  1011.62, Florida Statutes, is amended to read:
  532         1011.62 Funds for operation of schools.—If the annual
  533  allocation from the Florida Education Finance Program to each
  534  district for operation of schools is not determined in the
  535  annual appropriations act or the substantive bill implementing
  536  the annual appropriations act, it shall be determined as
  537  follows:
  538         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  539  OPERATION.—The following procedure shall be followed in
  540  determining the annual allocation to each district for
  541  operation:
  542         (i) Calculation of full-time equivalent membership with
  543  respect to dual enrollment instruction.—Students enrolled in
  544  dual enrollment instruction pursuant to s. 1007.271 may be
  545  included in calculations of full-time equivalent student
  546  memberships for basic programs for grades 9 through 12 by a
  547  district school board. Instructional time for dual enrollment
  548  may vary from 900 hours; however, the full-time equivalent
  549  student membership value shall be subject to the provisions in
  550  s. 1011.61(4). Dual enrollment full-time equivalent student
  551  membership shall be calculated in an amount equal to the hours
  552  of instruction that would be necessary to earn the full-time
  553  equivalent student membership for an equivalent course if it
  554  were taught in the school district. Students in dual enrollment
  555  courses may also be calculated as the proportional shares of
  556  full-time equivalent enrollments they generate for a Florida
  557  College System institution or university conducting the dual
  558  enrollment instruction. Early admission students shall be
  559  considered dual enrollments for funding purposes. Students may
  560  be enrolled in dual enrollment instruction provided by an
  561  eligible independent college or university and may be included
  562  in calculations of full-time equivalent student memberships for
  563  basic programs for grades 9 through 12 by a district school
  564  board. However, those provisions of law which exempt dual
  565  enrolled and early admission students from payment of
  566  instructional materials and tuition and fees, including
  567  laboratory fees, shall not apply to students who select the
  568  option of enrolling in an eligible independent institution. An
  569  independent college or university which is located and chartered
  570  in Florida, is not for profit, is accredited by a regional or
  571  national accrediting agency recognized by the United States
  572  Department of Education the Commission on Colleges of the
  573  Southern Association of Colleges and Schools or the Accrediting
  574  Council for Independent Colleges and Schools, and confers
  575  degrees as defined in s. 1005.02 shall be eligible for inclusion
  576  in the dual enrollment or early admission program. Students
  577  enrolled in dual enrollment instruction shall be exempt from the
  578  payment of tuition and fees, including laboratory fees. No
  579  student enrolled in college credit mathematics or English dual
  580  enrollment instruction shall be funded as a dual enrollment
  581  unless the student has successfully completed the relevant
  582  section of the entry-level examination required pursuant to s.
  583  1008.30.
  584         Section 7. Section 1012.732, Florida Statutes, is created
  585  to read:
  586         1012.732 The Florida Best and Brightest Teacher and
  587  Principal Scholar Award Program.—
  588         (1) INTENT.—The Legislature recognizes that, second only to
  589  parents, teachers and principals play the most critical roles
  590  within schools in preparing students to achieve a high level of
  591  academic performance. The Legislature further recognizes that
  592  research has linked student successes and performance outcomes
  593  to the academic achievements and performance accomplishments of
  594  the teachers and principals who most closely affect their
  595  classroom and school learning environments. Therefore, it is the
  596  intent of the Legislature to designate teachers and principals
  597  who have achieved high academic standards during their own
  598  education as Florida’s best and brightest teacher and principal
  599  scholars.
  600         (2) PURPOSE.—There is created the Florida Best and
  601  Brightest Teacher and Principal Scholar Award Program, as a
  602  performance-based scholarship award program, to be administered
  603  by the Department of Education. The performance-based award
  604  shall provide categorical funding for scholarships to be awarded
  605  to full-time classroom teachers, as defined in s. 1012.01(2)(a),
  606  and full-time school administrators, as defined in s.
  607  1012.01(3)(c), excluding substitute teachers or substitute
  608  school administrators, who have demonstrated a high level of
  609  academic achievement and performance.
  610         (3) ELIGIBILITY.—To be eligible for a scholarship, a full
  611  time classroom teacher or full-time school administrator must be
  612  employed on an annual contract or probationary contract pursuant
  613  to s. 1012.335, participate in the school district’s performance
  614  salary schedule pursuant to s. 1012.22, and meet at least one of
  615  the achievement requirements under paragraph (a) and at least
  616  one of the performance requirements under paragraph (b).
  617         (a) Achievement requirements.—
  618         1. For a classroom teacher, a score at or above the 90th
  619  percentile on the Florida Teacher Certification Examination in a
  620  subject that he or she is teaching;
  621         2. For a school administrator, a score at or above the 90th
  622  percentile on the Florida Educational Leadership Examination;
  623         3. For a classroom teacher or school administrator, a
  624  composite score at or above the 80th percentile on either the
  625  SAT or the ACT based on the National Percentile Ranks in effect
  626  when the classroom teacher or school administrator took the
  627  assessment;
  628         4. For a classroom teacher or school administrator, a
  629  composite score on the GRE, LSAT, GMAT, or MCAT at or above a
  630  score adopted by the State Board of Education; or
  631         5. For a classroom teacher or school administrator, a
  632  cumulative undergraduate or graduate grade point average of at
  633  least 3.5 on a 4.0 scale, as verified on the teacher’s or
  634  administrator’s official final college transcript.
  635         (b) Performance requirements.—The classroom teacher or
  636  school administrator:
  637         1. Must have been evaluated as highly effective pursuant to
  638  s. 1012.34 in the school year immediately preceding the year in
  639  which the scholarship will be awarded;
  640         2. If he or she works in a low-performing school or a
  641  school that was designated by the department as low-performing
  642  within the previous 2 years and commits, pursuant to State Board
  643  of Education rule, to working at the school for at least 3
  644  years, must have been evaluated as highly effective pursuant to
  645  s. 1012.34 in the school year immediately preceding the first
  646  year in which the scholarship will be awarded and maintain a
  647  highly effective evaluation rating in at least two of every
  648  three annual performance evaluations, based on a rolling 3-year
  649  period; or
  650         3. Must be newly hired by the district school board, must
  651  not have been evaluated pursuant to s. 1012.34, and must have
  652  met at least one of the following conditions:
  653         a. Be a recipient of the Florida Prepaid Tuition
  654  Scholarship Program pursuant to s. 1009.984 who graduates with a
  655  minimum 3.0 grade point average and commit, pursuant to State
  656  Board of Education rule, to working in a Florida public school
  657  for at least 3 years;
  658         b. Have completed the college reach-out program pursuant to
  659  s. 1007.34 and graduated with a minimum 3.0 grade point average,
  660  and commit, pursuant to State Board of Education rule, to
  661  working in a Florida public school for at least 3 years;
  662         c. Be a Florida college or university graduate of a Florida
  663  teacher preparation program approved pursuant to s. 1004.04,
  664  have graduated with a minimum 3.0 grade point average, and
  665  commit, pursuant to State Board of Education rule, to working in
  666  a critical teacher shortage area under s. 1012.07 at a Florida
  667  public school for at least 3 years; or
  668         d. Be a college or university graduate, have graduated with
  669  a minimum 3.0 grade point average, have worked in a science-,
  670  technology-, engineering-, or mathematics- (STEM-) related field
  671  for at least 3 years, commit to meeting teacher certification
  672  requirements within 3 years, and commit, pursuant to State Board
  673  of Education rule, to teach in a STEM-related classroom at a
  674  Florida public school for at least 3 years.
  675         (4) IMPLEMENTATION.—In order to implement and administer
  676  the program, the following timelines and requirements apply:
  677         (a) To demonstrate eligibility for an award, an eligible
  678  classroom teacher or school administrator, as applicable, must
  679  submit to the school district, no later than November 1, an
  680  official record of his or her achievement of the eligibility
  681  requirements specified in paragraph (3)(a). Once a classroom
  682  teacher or school administrator is deemed eligible by the school
  683  district, including teachers deemed eligible for the Florida
  684  Best and Brightest Teacher Scholarship Program in the 2015-2016
  685  or 2016-2017 fiscal years pursuant to s. 25 of chapter 2016-62,
  686  Laws of Florida, the classroom teacher or school administrator
  687  remains eligible as long as he or she remains employed by the
  688  school district as a full-time classroom teacher or full-time
  689  school administrator at the time of the award and continues to
  690  meet the conditions specified under this section.
  691         (b) Annually, by December 1, each school district shall
  692  submit to the department the number of eligible classroom
  693  teachers and school administrators who qualify for the
  694  scholarship.
  695         (c) Annually, by February 1, the department shall disburse
  696  scholarship funds to each school district for each eligible
  697  classroom teacher and school administrator to receive a
  698  scholarship as provided in the General Appropriations Act.
  699         (d) Annually, by April 1, each school district shall award
  700  the scholarship to each eligible classroom teacher and school
  701  administrator.
  702         (5) FUNDING.—A scholarship in the amount provided in the
  703  General Appropriations Act shall be awarded to every eligible
  704  classroom teacher and school administrator.
  705         (a) If the number of eligible classroom teachers and school
  706  administrators exceeds the total appropriation authorized in the
  707  General Appropriations Act, the department shall prorate the
  708  per-scholar scholarship award amount, except that prior to the
  709  distribution of funds, the following priorities apply:
  710         1. Classroom teachers and school administrators who commit,
  711  pursuant to State Board of Education rule, to work in a low
  712  performing school and meet the performance requirements of
  713  subparagraph (3)(b)2., shall receive an award equal to a full
  714  scholarship award amount. Classroom teachers and school
  715  administrators who do not fulfill the commitment made pursuant
  716  to subparagraph (3)(b)2. may not receive this priority; and
  717         2. Newly hired classroom teachers and school administrators
  718  who commit, pursuant to State Board of Education rule, to work
  719  in a Florida public school and meet the performance requirements
  720  under subparagraph (3)(b)3., shall receive a one-time hiring
  721  bonus of up to $10,000. Classroom teachers and school
  722  administrators who do not fulfill the commitment made pursuant
  723  to subparagraph (3)(b)3. may not receive this priority.
  724         (b) Newly hired classroom teachers and newly hired school
  725  administrators who initially participate in the program pursuant
  726  to subparagraph (3)(b)3. may only receive the one-time hiring
  727  bonus under subparagraph (a)2. In subsequent school years, such
  728  classroom teachers and school administrators may earn a
  729  scholarship award pursuant to subparagraph (3)(b)1. or
  730  subparagraph (3)(b)2., if they also maintain their initial
  731  commitments.
  732         (6) DEFINITION.—For purposes of this section, the term
  733  “school district” includes the Florida School for the Deaf and
  734  the Blind and charter school governing boards.
  735         (7) RULES.—The State Board of Education shall expeditiously
  736  adopt rules to implement this section.
  737         Section 8. If any law amended by this act was also amended
  738  by a law enacted during the 2017 Regular Session of the
  739  Legislature, such laws shall be construed as if they had been
  740  enacted during the same session of the Legislature and full
  741  effect shall be given to each if possible.
  742         Section 9. This act shall take effect July 1, 2017, or upon
  743  becoming a law, whichever occurs later.