Bill Text: FL S0042 | 2023 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-03-27 - Chapter No. 2023-13 [S0042 Detail]
Download: Florida-2023-S0042-Enrolled.html
ENROLLED
2023 Legislature SB 42
202342er
1
2 An act relating to the Florida Statutes; amending ss.
3 39.0016, 1001.03, 1001.215, 1001.41, 1002.33, 1002.45,
4 1003.4282, 1003.499, 1003.4995, 1006.28, 1006.29,
5 1006.31, 1006.33, 1006.34, 1007.35, 1008.385, 1012.05,
6 1012.28, 1012.56, and 1012.72, F.S., to conform to
7 section 10 of chapter 2022-16, Laws of Florida, which
8 directs the Division of Law Revision to prepare a
9 reviser’s bill to replace references to the term “Next
10 Generation Sunshine State Standards” with the term
11 “state academic standards” wherever the term appears
12 in the Florida Statutes; providing effective dates.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (d) of subsection (4) of section
17 39.0016, Florida Statutes, is amended to read:
18 39.0016 Education of abused, neglected, and abandoned
19 children; agency agreements; children having or suspected of
20 having a disability.—
21 (4) TRAINING.—The department shall incorporate an education
22 component into all training programs of the department regarding
23 children known to the department. Such training shall be
24 coordinated with the Department of Education and the local
25 school districts. The department shall offer opportunities for
26 education personnel to participate in such training. Such
27 coordination shall include, but not be limited to, notice of
28 training sessions, opportunities to purchase training materials,
29 proposals to avoid duplication of services by offering joint
30 training, and incorporation of materials available from the
31 Department of Education and local school districts into the
32 department training when appropriate. The department training
33 components shall include:
34 (d) Training of caseworkers regarding the services and
35 information available through the Department of Education and
36 local school districts, including, but not limited to, the
37 current state academic standards Sunshine State Standards, the
38 Surrogate Parent Training Manual, and other resources accessible
39 through the Department of Education or local school districts to
40 facilitate educational access for a child known to the
41 department.
42 Section 2. Subsection (1) of section 1001.03, Florida
43 Statutes, is amended to read:
44 1001.03 Specific powers of State Board of Education.—
45 (1) PUBLIC K-12 CURRICULAR STANDARDS.—The State Board of
46 Education shall adopt and periodically review and revise the
47 state academic standards Sunshine State Standards in accordance
48 with s. 1003.41.
49 Section 3. Subsections (4) and (9) of section 1001.215,
50 Florida Statutes, are amended to read:
51 1001.215 Just Read, Florida! Office.—There is created in
52 the Department of Education the Just Read, Florida! Office. The
53 office is fully accountable to the Commissioner of Education and
54 shall:
55 (4) Develop and provide access to sequenced, content-rich
56 curriculum programming, instructional practices, and resources
57 that help elementary schools use state-adopted instructional
58 materials to increase students’ background knowledge and
59 literacy skills, including student attainment of the state
60 academic standards Next Generation Sunshine State Standards for
61 social studies, science, and the arts. The office shall, as part
62 of the adoption cycle for English Language Arts instructional
63 materials, assist in evaluating elementary grades instructional
64 materials submitted for adoption consideration in order to
65 identify those materials that are closely aligned to the content
66 and evidence-based strategies identified pursuant to subsection
67 (8) and incorporate professional development to implement such
68 strategies.
69 (9) Periodically review the state academic standards Next
70 Generation Sunshine State Standards for English Language Arts to
71 determine their appropriateness at each grade level.
72 Section 4. Subsection (3) of section 1001.41, Florida
73 Statutes, is amended to read:
74 1001.41 General powers of district school board.—The
75 district school board, after considering recommendations
76 submitted by the district school superintendent, shall exercise
77 the following general powers:
78 (3) Prescribe and adopt standards and policies to provide
79 each student the opportunity to receive a complete education
80 program, including language arts, mathematics, science, social
81 studies, health, physical education, foreign languages, and the
82 arts, as defined by the state academic standards Sunshine State
83 Standards. The standards and policies must emphasize integration
84 and reinforcement of reading, writing, and mathematics skills
85 across all subjects, including career awareness, career
86 exploration, and career and technical education.
87 Section 5. Paragraph (a) of subsection (6) and paragraph
88 (a) of subsection (7) of section 1002.33, Florida Statutes, are
89 amended to read:
90 1002.33 Charter schools.—
91 (6) APPLICATION PROCESS AND REVIEW.—Charter school
92 applications are subject to the following requirements:
93 (a) A person or entity seeking to open a charter school
94 shall prepare and submit an application on the standard
95 application form prepared by the Department of Education which:
96 1. Demonstrates how the school will use the guiding
97 principles and meet the statutorily defined purpose of a charter
98 school.
99 2. Provides a detailed curriculum plan that illustrates how
100 students will be provided services to attain the state academic
101 standards Sunshine State Standards.
102 3. Contains goals and objectives for improving student
103 learning and measuring that improvement. These goals and
104 objectives must indicate how much academic improvement students
105 are expected to show each year, how success will be evaluated,
106 and the specific results to be attained through instruction.
107 4. Describes the reading curriculum and differentiated
108 strategies that will be used for students reading at grade level
109 or higher and a separate curriculum and strategies for students
110 who are reading below grade level. A sponsor shall deny an
111 application if the school does not propose a reading curriculum
112 that is consistent with effective teaching strategies that are
113 grounded in scientifically based reading research.
114 5. Contains an annual financial plan for each year
115 requested by the charter for operation of the school for up to 5
116 years. This plan must contain anticipated fund balances based on
117 revenue projections, a spending plan based on projected revenues
118 and expenses, and a description of controls that will safeguard
119 finances and projected enrollment trends.
120 6. Discloses the name of each applicant, governing board
121 member, and all proposed education services providers; the name
122 and sponsor of any charter school operated by each applicant,
123 each governing board member, and each proposed education
124 services provider that has closed and the reasons for the
125 closure; and the academic and financial history of such charter
126 schools, which the sponsor shall consider in deciding whether to
127 approve or deny the application.
128 7. Contains additional information a sponsor may require,
129 which shall be attached as an addendum to the charter school
130 application described in this paragraph.
131 8. For the establishment of a virtual charter school,
132 documents that the applicant has contracted with a provider of
133 virtual instruction services pursuant to s. 1002.45(1)(d).
134 (7) CHARTER.—The terms and conditions for the operation of
135 a charter school, including a virtual charter school, shall be
136 set forth by the sponsor and the applicant in a written
137 contractual agreement, called a charter. The sponsor and the
138 governing board of the charter school or virtual charter school
139 shall use the standard charter contract or standard virtual
140 charter contract, respectively, pursuant to subsection (21),
141 which shall incorporate the approved application and any addenda
142 approved with the application. Any term or condition of a
143 proposed charter contract or proposed virtual charter contract
144 that differs from the standard charter or virtual charter
145 contract adopted by rule of the State Board of Education shall
146 be presumed a limitation on charter school flexibility. The
147 sponsor may not impose unreasonable rules or regulations that
148 violate the intent of giving charter schools greater flexibility
149 to meet educational goals. The charter shall be signed by the
150 governing board of the charter school and the sponsor, following
151 a public hearing to ensure community input.
152 (a) The charter shall address and criteria for approval of
153 the charter shall be based on:
154 1. The school’s mission, the types of students to be
155 served, and, for a virtual charter school, the types of students
156 the school intends to serve who reside outside of the sponsoring
157 school district, and the ages and grades to be included.
158 2. The focus of the curriculum, the instructional methods
159 to be used, any distinctive instructional techniques to be
160 employed, and identification and acquisition of appropriate
161 technologies needed to improve educational and administrative
162 performance which include a means for promoting safe, ethical,
163 and appropriate uses of technology which comply with legal and
164 professional standards.
165 a. The charter shall ensure that reading is a primary focus
166 of the curriculum and that resources are provided to identify
167 and provide specialized instruction for students who are reading
168 below grade level. The curriculum and instructional strategies
169 for reading must be consistent with the state academic standards
170 Next Generation Sunshine State Standards and grounded in
171 scientifically based reading research.
172 b. In order to provide students with access to diverse
173 instructional delivery models, to facilitate the integration of
174 technology within traditional classroom instruction, and to
175 provide students with the skills they need to compete in the
176 21st century economy, the Legislature encourages instructional
177 methods for blended learning courses consisting of both
178 traditional classroom and online instructional techniques.
179 Charter schools may implement blended learning courses which
180 combine traditional classroom instruction and virtual
181 instruction. Students in a blended learning course must be full
182 time students of the charter school pursuant to s.
183 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
184 1012.55 who provide virtual instruction for blended learning
185 courses may be employees of the charter school or may be under
186 contract to provide instructional services to charter school
187 students. At a minimum, such instructional personnel must hold
188 an active state or school district adjunct certification under
189 s. 1012.57 for the subject area of the blended learning course.
190 The funding and performance accountability requirements for
191 blended learning courses are the same as those for traditional
192 courses.
193 3. The current incoming baseline standard of student
194 academic achievement, the outcomes to be achieved, and the
195 method of measurement that will be used. The criteria listed in
196 this subparagraph shall include a detailed description of:
197 a. How the baseline student academic achievement levels and
198 prior rates of academic progress will be established.
199 b. How these baseline rates will be compared to rates of
200 academic progress achieved by these same students while
201 attending the charter school.
202 c. To the extent possible, how these rates of progress will
203 be evaluated and compared with rates of progress of other
204 closely comparable student populations.
205
206 A district school board is required to provide academic student
207 performance data to charter schools for each of their students
208 coming from the district school system, as well as rates of
209 academic progress of comparable student populations in the
210 district school system.
211 4. The methods used to identify the educational strengths
212 and needs of students and how well educational goals and
213 performance standards are met by students attending the charter
214 school. The methods shall provide a means for the charter school
215 to ensure accountability to its constituents by analyzing
216 student performance data and by evaluating the effectiveness and
217 efficiency of its major educational programs. Students in
218 charter schools shall, at a minimum, participate in the
219 statewide assessment program created under s. 1008.22.
220 5. In secondary charter schools, a method for determining
221 that a student has satisfied the requirements for graduation in
222 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
223 6. A method for resolving conflicts between the governing
224 board of the charter school and the sponsor.
225 7. The admissions procedures and dismissal procedures,
226 including the school’s code of student conduct. Admission or
227 dismissal must not be based on a student’s academic performance.
228 8. The ways by which the school will achieve a
229 racial/ethnic balance reflective of the community it serves or
230 within the racial/ethnic range of other nearby public schools or
231 school districts.
232 9. The financial and administrative management of the
233 school, including a reasonable demonstration of the professional
234 experience or competence of those individuals or organizations
235 applying to operate the charter school or those hired or
236 retained to perform such professional services and the
237 description of clearly delineated responsibilities and the
238 policies and practices needed to effectively manage the charter
239 school. A description of internal audit procedures and
240 establishment of controls to ensure that financial resources are
241 properly managed must be included. Both public sector and
242 private sector professional experience shall be equally valid in
243 such a consideration.
244 10. The asset and liability projections required in the
245 application which are incorporated into the charter and shall be
246 compared with information provided in the annual report of the
247 charter school.
248 11. A description of procedures that identify various risks
249 and provide for a comprehensive approach to reduce the impact of
250 losses; plans to ensure the safety and security of students and
251 staff; plans to identify, minimize, and protect others from
252 violent or disruptive student behavior; and the manner in which
253 the school will be insured, including whether or not the school
254 will be required to have liability insurance, and, if so, the
255 terms and conditions thereof and the amounts of coverage.
256 12. The term of the charter which shall provide for
257 cancellation of the charter if insufficient progress has been
258 made in attaining the student achievement objectives of the
259 charter and if it is not likely that such objectives can be
260 achieved before expiration of the charter. The initial term of a
261 charter shall be for 5 years, excluding 2 planning years. In
262 order to facilitate access to long-term financial resources for
263 charter school construction, charter schools that are operated
264 by a municipality or other public entity as provided by law are
265 eligible for up to a 15-year charter, subject to approval by the
266 sponsor. A charter lab school is eligible for a charter for a
267 term of up to 15 years. In addition, to facilitate access to
268 long-term financial resources for charter school construction,
269 charter schools that are operated by a private, not-for-profit,
270 s. 501(c)(3) status corporation are eligible for up to a 15-year
271 charter, subject to approval by the sponsor. Such long-term
272 charters remain subject to annual review and may be terminated
273 during the term of the charter, but only according to the
274 provisions set forth in subsection (8).
275 13. The facilities to be used and their location. The
276 sponsor may not require a charter school to have a certificate
277 of occupancy or a temporary certificate of occupancy for such a
278 facility earlier than 15 calendar days before the first day of
279 school.
280 14. The qualifications to be required of the teachers and
281 the potential strategies used to recruit, hire, train, and
282 retain qualified staff to achieve best value.
283 15. The governance structure of the school, including the
284 status of the charter school as a public or private employer as
285 required in paragraph (12)(i).
286 16. A timetable for implementing the charter which
287 addresses the implementation of each element thereof and the
288 date by which the charter shall be awarded in order to meet this
289 timetable.
290 17. In the case of an existing public school that is being
291 converted to charter status, alternative arrangements for
292 current students who choose not to attend the charter school and
293 for current teachers who choose not to teach in the charter
294 school after conversion in accordance with the existing
295 collective bargaining agreement or district school board rule in
296 the absence of a collective bargaining agreement. However,
297 alternative arrangements shall not be required for current
298 teachers who choose not to teach in a charter lab school, except
299 as authorized by the employment policies of the state university
300 which grants the charter to the lab school.
301 18. Full disclosure of the identity of all relatives
302 employed by the charter school who are related to the charter
303 school owner, president, chairperson of the governing board of
304 directors, superintendent, governing board member, principal,
305 assistant principal, or any other person employed by the charter
306 school who has equivalent decisionmaking authority. For the
307 purpose of this subparagraph, the term “relative” means father,
308 mother, son, daughter, brother, sister, uncle, aunt, first
309 cousin, nephew, niece, husband, wife, father-in-law, mother-in
310 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
311 stepfather, stepmother, stepson, stepdaughter, stepbrother,
312 stepsister, half brother, or half sister.
313 19. Implementation of the activities authorized under s.
314 1002.331 by the charter school when it satisfies the eligibility
315 requirements for a high-performing charter school. A high
316 performing charter school shall notify its sponsor in writing by
317 March 1 if it intends to increase enrollment or expand grade
318 levels the following school year. The written notice shall
319 specify the amount of the enrollment increase and the grade
320 levels that will be added, as applicable.
321 Section 6. Paragraph (a) of subsection (2), paragraph (a)
322 of subsection (3), and paragraph (a) of subsection (4) of
323 section 1002.45, Florida Statutes, are amended to read:
324 1002.45 Virtual instruction programs.—
325 (2) PROVIDER QUALIFICATIONS.—
326 (a) The department shall annually publish on its website a
327 list of providers approved by the State Board of Education to
328 offer virtual instruction programs. To be approved, a virtual
329 instruction program provider must document that it:
330 1. Is nonsectarian in its programs, admission policies,
331 employment practices, and operations;
332 2. Complies with the antidiscrimination provisions of s.
333 1000.05;
334 3. Locates an administrative office or offices in this
335 state, requires its administrative staff to be state residents,
336 requires all instructional staff to be Florida-certified
337 teachers under chapter 1012 and conducts background screenings
338 for all employees or contracted personnel, as required by s.
339 1012.32, using state and national criminal history records;
340 4. Electronically provides to parents and students specific
341 information that includes, but is not limited to, the following
342 teacher-parent and teacher-student contact information for each
343 course:
344 a. How to contact the instructor via phone, e-mail, or
345 online messaging tools.
346 b. How to contact technical support via phone, e-mail, or
347 online messaging tools.
348 c. How to contact the administration office via phone, e
349 mail, or online messaging tools.
350 d. Any requirement for regular contact with the instructor
351 for the course and clear expectations for meeting the
352 requirement.
353 e. The requirement that the instructor in each course must,
354 at a minimum, conduct one contact with the parent and the
355 student each month;
356 5. Possesses prior, successful experience offering virtual
357 instruction courses to elementary, middle, or high school
358 students as demonstrated by quantified student learning gains in
359 each subject area and grade level provided for consideration as
360 an instructional program option. However, for a virtual
361 instruction program provider without sufficient prior,
362 successful experience offering online courses, the State Board
363 of Education may conditionally approve the virtual instruction
364 program provider to offer courses measured pursuant to
365 subparagraph (7)(a)2. Conditional approval shall be valid for 2
366 school years only and, based on the virtual instruction program
367 provider’s experience in offering the courses, the State Board
368 of Education may grant approval to offer a virtual instruction
369 program;
370 6. Is accredited by a regional accrediting association as
371 defined by State Board of Education rule;
372 7. Ensures instructional and curricular quality through a
373 detailed curriculum and student performance accountability plan
374 that addresses every subject and grade level it intends to
375 provide through contract with the school district, including:
376 a. Courses and programs that meet the standards of the
377 International Association for K-12 Online Learning and the
378 Southern Regional Education Board.
379 b. Instructional content and services that align with, and
380 measure student attainment of, student proficiency in the state
381 academic standards Next Generation Sunshine State Standards.
382 c. Mechanisms that determine and ensure that a student has
383 satisfied requirements for grade level promotion and high school
384 graduation with a standard diploma, as appropriate;
385 8. Publishes, in accordance with disclosure requirements
386 adopted in rule by the State Board of Education, as part of its
387 application as an approved virtual instruction program provider
388 and in all contracts negotiated pursuant to this section:
389 a. Information and data about the curriculum of each full
390 time and part-time virtual instruction program.
391 b. School policies and procedures.
392 c. Certification status and physical location of all
393 administrative and instructional personnel.
394 d. Hours and times of availability of instructional
395 personnel.
396 e. Student-teacher ratios.
397 f. Student completion and promotion rates.
398 g. Student, educator, and school performance accountability
399 outcomes;
400 9. If the approved virtual instruction program provider is
401 a Florida College System institution, employs instructors who
402 meet the certification requirements for instructional staff
403 under chapter 1012; and
404 10. Performs an annual financial audit of its accounts and
405 records conducted by an independent auditor who is a certified
406 public accountant licensed under chapter 473. The independent
407 auditor shall conduct the audit in accordance with rules adopted
408 by the Auditor General and in compliance with generally accepted
409 auditing standards, and include a report on financial statements
410 presented in accordance with generally accepted accounting
411 principles. The audit report shall be accompanied by a written
412 statement from the approved virtual instruction program provider
413 in response to any deficiencies identified within the audit
414 report and shall be submitted by the approved virtual
415 instruction program provider to the State Board of Education and
416 the Auditor General no later than 9 months after the end of the
417 preceding fiscal year.
418 (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS.—Each virtual
419 instruction program under this section must:
420 (a) Align virtual course curriculum and course content to
421 the state academic standards Sunshine State Standards under s.
422 1003.41.
423 (4) CONTRACT REQUIREMENTS.—Each contract with an approved
424 virtual instruction program provider must, at minimum:
425 (a) Set forth a detailed curriculum plan that illustrates
426 how students will be provided services and be measured for
427 attainment of proficiency in the state academic standards Next
428 Generation Sunshine State Standards for each grade level and
429 subject.
430
431 A contracting school district shall facilitate compliance with
432 the requirements of paragraphs (h) and (i).
433 Section 7. Effective July 1, 2023, paragraph (a) of
434 subsection (2) of section 1002.45, Florida Statutes, as amended
435 by section 17 of chapter 2022-154, and section 10 of chapter
436 2022-157, Laws of Florida, is amended to read:
437 1002.45 Virtual instruction programs.—
438 (2) PROVIDER QUALIFICATIONS.—
439 (a) The department shall annually publish on its website a
440 list of providers approved by the State Board of Education to
441 offer virtual instruction programs. To be approved, a virtual
442 instruction program provider must document that it:
443 1. Is nonsectarian in its programs, admission policies,
444 employment practices, and operations;
445 2. Complies with the antidiscrimination provisions of s.
446 1000.05;
447 3. Locates an administrative office or offices in this
448 state, requires its administrative staff to be state residents,
449 requires all instructional staff to be Florida-certified
450 teachers under chapter 1012 and conducts background screenings
451 for all employees or contracted personnel, as required by s.
452 1012.32, using state and national criminal history records;
453 4. Electronically provides to parents and students specific
454 information that includes, but is not limited to, the following
455 teacher-parent and teacher-student contact information for each
456 course:
457 a. How to contact the instructor via phone, e-mail, or
458 online messaging tools.
459 b. How to contact technical support via phone, e-mail, or
460 online messaging tools.
461 c. How to contact the administration office via phone, e
462 mail, or online messaging tools.
463 d. Any requirement for regular contact with the instructor
464 for the course and clear expectations for meeting the
465 requirement.
466 e. The requirement that the instructor in each course must,
467 at a minimum, conduct one contact with the parent and the
468 student each month;
469 5. Possesses prior, successful experience offering virtual
470 instruction courses to elementary, middle, or high school
471 students as demonstrated by quantified student learning gains in
472 each subject area and grade level provided for consideration as
473 an instructional program option. However, for a virtual
474 instruction program provider without sufficient prior,
475 successful experience offering online courses, the State Board
476 of Education may conditionally approve the virtual instruction
477 program provider to offer courses measured pursuant to
478 subparagraph (7)(a)2. Conditional approval shall be valid for 1
479 school year only and, based on the virtual instruction program
480 provider’s experience in offering the courses, the State Board
481 of Education may grant approval to offer a virtual instruction
482 program;
483 6. Is accredited by a regional accrediting association as
484 defined by State Board of Education rule;
485 7. Ensures instructional and curricular quality through a
486 detailed curriculum and student performance accountability plan
487 that addresses every subject and grade level it intends to
488 provide through contract with the school district, including:
489 a. Courses and programs that meet the standards of the
490 International Association for K-12 Online Learning and the
491 Southern Regional Education Board.
492 b. Instructional content and services that align with, and
493 measure student attainment of, student proficiency in the state
494 academic standards Next Generation Sunshine State Standards.
495 c. Mechanisms that determine and ensure that a student has
496 satisfied requirements for grade level promotion and high school
497 graduation with a standard diploma, as appropriate;
498 8. Publishes, in accordance with disclosure requirements
499 adopted in rule by the State Board of Education, as part of its
500 application as an approved virtual instruction program provider
501 and in all contracts negotiated pursuant to this section:
502 a. Information and data about the curriculum of each full
503 time and part-time virtual instruction program.
504 b. School policies and procedures.
505 c. Certification status and physical location of all
506 administrative and instructional personnel.
507 d. Hours and times of availability of instructional
508 personnel.
509 e. Student-teacher ratios.
510 f. Student completion and promotion rates.
511 g. Student, educator, and school performance accountability
512 outcomes;
513 9. If the approved virtual instruction program provider is
514 a Florida College System institution, employs instructors who
515 meet the certification requirements for instructional staff
516 under chapter 1012; and
517 10. Performs an annual financial audit of its accounts and
518 records conducted by an independent auditor who is a certified
519 public accountant licensed under chapter 473. The independent
520 auditor shall conduct the audit in accordance with rules adopted
521 by the Auditor General and in compliance with generally accepted
522 auditing standards, and include a report on financial statements
523 presented in accordance with generally accepted accounting
524 principles. The audit report shall be accompanied by a written
525 statement from the approved virtual instruction program provider
526 in response to any deficiencies identified within the audit
527 report and shall be submitted by the approved virtual
528 instruction program provider to the State Board of Education and
529 the Auditor General no later than 9 months after the end of the
530 preceding fiscal year.
531 Section 8. Paragraph (b) of subsection (1) of section
532 1003.4282, Florida Statutes, is amended to read:
533 1003.4282 Requirements for a standard high school diploma.—
534 (1) TWENTY-FOUR CREDITS REQUIRED.—
535 (b) The required credits may be earned through equivalent,
536 applied, or integrated courses or career education courses as
537 defined in s. 1003.01(4), including work-related internships
538 approved by the State Board of Education and identified in the
539 course code directory. However, any must-pass assessment
540 requirements must be met. An equivalent course is one or more
541 courses identified by content-area experts as being a match to
542 the core curricular content of another course, based upon review
543 of the state academic standards Next Generation Sunshine State
544 Standards for that subject. An applied course aligns with state
545 academic standards Next Generation Sunshine State Standards and
546 includes real-world applications of a career and technical
547 education standard used in business or industry. An integrated
548 course includes content from several courses within a content
549 area or across content areas.
550 Section 9. Paragraph (a) of subsection (3) of section
551 1003.499, Florida Statutes, is amended to read:
552 1003.499 Florida Approved Courses and Tests (FACT)
553 Initiative.—
554 (3) PROVIDER REQUIREMENTS.—
555 (a) To be approved by the Department of Education, an
556 individual provider must provide all the following documentation
557 that demonstrates that he or she:
558 1. Is nonsectarian regarding courses, enrollment policies,
559 employment practices, and operations.
560 2. Complies with the antidiscrimination provisions of s.
561 1000.05.
562 3. Requires all instructional staff to be Florida-certified
563 teachers under chapter 1012 or certified as adjunct educators
564 under s. 1012.57 and conducts background screenings for all
565 employees or contracted personnel, as required by s. 1012.32,
566 using state and national criminal history records.
567 4. Provides to parents and students specific information
568 posted and accessible online which includes, but is not limited
569 to, the following teacher-parent and teacher-student contact
570 information for each course:
571 a. How to contact the instructor via telephone, e-mail, or
572 online messaging tools.
573 b. How to contact technical support via telephone, e-mail,
574 or online messaging tools.
575 c. How to contact the administration office or an
576 individual offering online courses, including, but not limited
577 to, massive open online courses, via telephone, e-mail, or
578 online messaging tools.
579 d. Any requirement for regular contact with the instructor
580 for the course and clear expectations for meeting the
581 requirement.
582 5. Possesses prior, successful experience offering online
583 courses to elementary, middle, or high school students as
584 demonstrated by quantified student learning gains or student
585 growth in each subject area and grade level provided for
586 consideration as an instructional program option. However, for a
587 provider without sufficient prior, successful experience
588 offering online courses, the department may conditionally
589 approve the provider to offer courses measured by the statewide
590 assessment program pursuant to s. 1008.22. Conditional approval
591 is valid for 1 year. Renewal of provider approval is contingent
592 on sufficient performance data available demonstrating success
593 in accordance with this section and State Board of Education
594 rule.
595 6. Ensures instructional and curricular quality through a
596 detailed curriculum and student performance accountability plan
597 that addresses every subject and grade level that the provider
598 intends to provide through contract with the school district,
599 including all of the following:
600 a. Courses and programs that meet the standards of the
601 International Association for K-12 Online Learning and the
602 Southern Regional Education Board.
603 b. Instructional content and services that align with, and
604 measure student attainment of, student proficiency in the state
605 academic standards Next Generation Sunshine State Standards.
606 c. Mechanisms that determine and ensure that a student has
607 satisfied requirements for grade level promotion and high school
608 graduation with a standard diploma, as appropriate.
609 7. Publishes for the general public, in accordance with
610 disclosure requirements adopted in rule by the State Board of
611 Education, as part of the application as a provider and in all
612 contracts negotiated pursuant to this section all of the
613 following information:
614 a. Certification status and physical location of all
615 administrative and instructional personnel.
616 b. Hours and times of availability of instructional
617 personnel.
618 c. Student-teacher ratios.
619 d. Student completion and promotion rates.
620 e. Student, educator, and school performance accountability
621 outcomes.
622 Section 10. Section 1003.4995, Florida Statutes, is amended
623 to read:
624 1003.4995 Fine arts report.—The Commissioner of Education
625 shall prepare an annual report that includes a description,
626 based on annual reporting by schools, of student access to and
627 participation in fine arts courses, which are visual arts,
628 music, dance, and theatre courses; the number and certification
629 status of educators providing instruction in the courses;
630 educational facilities designed and classroom space equipped for
631 fine arts instruction; and the manner in which schools are
632 providing the core curricular content for fine arts established
633 in the state academic standards Next Generation Sunshine State
634 Standards. The report shall be posted on the Department of
635 Education’s website and updated annually.
636 Section 11. Paragraph (b) of subsection (2) of section
637 1006.28, Florida Statutes, is amended to read:
638 1006.28 Duties of district school board, district school
639 superintendent; and school principal regarding K-12
640 instructional materials.—
641 (2) DISTRICT SCHOOL BOARD.—The district school board has
642 the constitutional duty and responsibility to select and provide
643 adequate instructional materials for all students in accordance
644 with the requirements of this part. The district school board
645 also has the following specific duties and responsibilities:
646 (b) Instructional materials.—Provide for proper
647 requisitioning, distribution, accounting, storage, care, and use
648 of all instructional materials and furnish such other
649 instructional materials as may be needed. Instructional
650 materials used must be consistent with the district goals and
651 objectives and the course descriptions established in rule of
652 the State Board of Education, as well as with the applicable
653 state academic standards Next Generation Sunshine State
654 Standards provided for in s. 1003.41.
655 Section 12. Paragraph (b) of subsection (1) of section
656 1006.29, Florida Statutes, is amended to read:
657 1006.29 State instructional materials reviewers.—
658 (1)
659 (b) By April 15 of each school year, the commissioner shall
660 appoint three state or national experts in the content areas
661 submitted for adoption to review the instructional materials and
662 evaluate the content for alignment with the applicable state
663 academic standards Next Generation Sunshine State Standards.
664 These reviewers shall be designated as state instructional
665 materials reviewers and shall review the materials for the level
666 of instructional support and the accuracy and appropriateness of
667 progression of introduced content. Instructional materials shall
668 be made electronically available to the reviewers. The initial
669 review of the materials shall be made by only two of the three
670 reviewers. If the two reviewers reach different results, the
671 third reviewer shall break the tie. The reviewers shall
672 independently make recommendations to the commissioner regarding
673 materials that should be placed on the list of adopted materials
674 through an electronic feedback review system.
675 Section 13. Subsection (2) of section 1006.31, Florida
676 Statutes, is amended to read:
677 1006.31 Duties of the Department of Education and school
678 district instructional materials reviewer.—The duties of the
679 instructional materials reviewer are:
680 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the
681 selection criteria listed in s. 1006.34(2)(b) and recommend for
682 adoption only those instructional materials aligned with the
683 state academic standards Next Generation Sunshine State
684 Standards provided for in s. 1003.41. Instructional materials
685 recommended by each reviewer shall be, to the satisfaction of
686 each reviewer, accurate, objective, balanced, noninflammatory,
687 current, free of pornography and material prohibited under s.
688 847.012, and suited to student needs and their ability to
689 comprehend the material presented. Reviewers shall consider for
690 recommendation materials developed for academically talented
691 students, such as students enrolled in advanced placement
692 courses. When recommending instructional materials, each
693 reviewer shall:
694 (a) Include only instructional materials that accurately
695 portray the ethnic, socioeconomic, cultural, religious,
696 physical, and racial diversity of our society, including men and
697 women in professional, career, and executive roles, and the role
698 and contributions of the entrepreneur and labor in the total
699 development of this state and the United States.
700 (b) Include only materials that accurately portray,
701 whenever appropriate, humankind’s place in ecological systems,
702 including the necessity for the protection of our environment
703 and conservation of our natural resources and the effects on the
704 human system of the use of tobacco, alcohol, controlled
705 substances, and other dangerous substances.
706 (c) Include materials that encourage thrift, fire
707 prevention, and humane treatment of people and animals.
708 (d) Require, when appropriate to the comprehension of
709 students, that materials for social science, history, or civics
710 classes contain the Declaration of Independence and the
711 Constitution of the United States. A reviewer may not recommend
712 any instructional materials that contain any matter reflecting
713 unfairly upon persons because of their race, color, creed,
714 national origin, ancestry, gender, religion, disability,
715 socioeconomic status, or occupation or otherwise contradict the
716 principles enumerated under s. 1003.42(3).
717 Section 14. Paragraph (e) of subsection (1) of section
718 1006.33, Florida Statutes, is amended to read:
719 1006.33 Bids or proposals; advertisement and its contents.—
720 (1)
721 (e) The advertisement shall give information regarding
722 digital specifications that have been adopted by the department,
723 including minimum format requirements that will enable
724 electronic and digital content to be accessed through the
725 district’s local instructional improvement system and a variety
726 of mobile, electronic, and digital devices. Beginning with
727 specifications released in 2014, the digital specifications
728 shall include requiring the capability for searching by state
729 standards and site and student-level licensing. Such digital
730 format specifications shall be appropriate for the
731 interoperability of the content. The department may not adopt
732 specifications that require the instructional materials to
733 include specific references to FCAT and state academic standards
734 Next Generation Sunshine State Standards and benchmarks at the
735 point of student use.
736 Section 15. Paragraph (b) of subsection (2) of section
737 1006.34, Florida Statutes, is amended to read:
738 1006.34 Powers and duties of the commissioner and the
739 department in selecting and adopting instructional materials.—
740 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
741 (b) In the selection of instructional materials, library
742 media, and other reading material used in the public school
743 system, the standards used to determine the propriety of the
744 material shall include:
745 1. The age of the students who normally could be expected
746 to have access to the material.
747 2. The educational purpose to be served by the material.
748 Priority shall be given to the selection of materials that align
749 with the state academic standards Next Generation Sunshine State
750 Standards as provided for in s. 1003.41 and include the
751 instructional objectives contained within the curriculum
752 frameworks for career and technical education and adult and
753 adult general education adopted by rule of the State Board of
754 Education under s. 1004.92.
755 3. The degree to which the material would be supplemented
756 and explained by mature classroom instruction as part of a
757 normal classroom instructional program.
758 4. The consideration of the broad racial, ethnic,
759 socioeconomic, and cultural diversity of the students of this
760 state.
761
762 Any instructional material containing pornography or otherwise
763 prohibited by s. 847.012 may not be used or made available
764 within any public school.
765 Section 16. Paragraph (c) of subsection (6) of section
766 1007.35, Florida Statutes, is amended to read:
767 1007.35 Florida Partnership for Minority and
768 Underrepresented Student Achievement.—
769 (6) The partnership shall:
770 (c) Provide teacher training and materials that are aligned
771 with the state academic standards Next Generation Sunshine State
772 Standards and are consistent with best theory and practice
773 regarding multiple learning styles and research on learning,
774 instructional strategies, instructional design, and classroom
775 assessment. Curriculum materials must be based on current,
776 accepted, and essential academic knowledge.
777 Section 17. Paragraph (b) of subsection (1) of section
778 1008.385, Florida Statutes, is amended to read:
779 1008.385 Educational planning and information systems.—
780 (1) EDUCATIONAL PLANNING.—
781 (b) Each district school board shall maintain a continuing
782 system of planning and budgeting designed to aid in identifying
783 and meeting the educational needs of students and the public.
784 Provision shall be made for coordination between district school
785 boards and Florida College System institution boards of trustees
786 concerning the planning for career education and adult
787 educational programs. The major emphasis of the system shall be
788 upon locally determined goals and objectives, the state plan for
789 education, and the state academic standards Sunshine State
790 Standards developed by the Department of Education and adopted
791 by the State Board of Education. The district planning and
792 budgeting system must include consideration of student
793 achievement data obtained pursuant to ss. 1008.22 and 1008.34.
794 The system shall be structured to meet the specific management
795 needs of the district and to align the budget adopted by the
796 district school board with the plan the board has also adopted.
797 Each district school board shall utilize its system of planning
798 and budgeting to emphasize a system of school-based management
799 in which individual school centers become the principal planning
800 units and to integrate planning and budgeting at the school
801 level.
802 Section 18. Paragraph (l) of subsection (2) of section
803 1012.05, Florida Statutes, is amended to read:
804 1012.05 Teacher recruitment and retention.—
805 (2) The Department of Education shall:
806 (l) Develop and implement an online Teacher Toolkit that
807 contains a menu of resources, based on the state academic
808 standards Sunshine State Standards, that all teachers can use to
809 enhance classroom instruction and increase teacher
810 effectiveness, thus resulting in improved student achievement.
811 Section 19. Subsection (5) of section 1012.28, Florida
812 Statutes, is amended to read:
813 1012.28 Public school personnel; duties of school
814 principals.—
815 (5) Each school principal shall perform such duties as may
816 be assigned by the district school superintendent, pursuant to
817 the rules of the district school board. Such rules shall
818 include, but are not limited to, rules relating to
819 administrative responsibility, instructional leadership in
820 implementing the state academic standards Sunshine State
821 Standards and the overall educational program of the school to
822 which the school principal is assigned, submission of personnel
823 recommendations to the district school superintendent,
824 administrative responsibility for records and reports,
825 administration of corporal punishment, and student suspension.
826 Section 20. Subsection (4) of section 1012.56, Florida
827 Statutes, is amended to read:
828 1012.56 Educator certification requirements.—
829 (4) ALIGNMENT OF SUBJECT AREAS.—The State Board of
830 Education shall align the subject area examinations to the state
831 academic standards Next Generation Sunshine State Standards.
832 Section 21. Subsection (1) of section 1012.72, Florida
833 Statutes, is amended to read:
834 1012.72 Dale Hickam Excellent Teaching Program.—
835 (1) The Legislature recognizes that teachers play a
836 critical role in preparing students to achieve the high levels
837 of academic performance expected by the state academic standards
838 Sunshine State Standards. The Legislature further recognizes the
839 importance of identifying and rewarding teaching excellence and
840 of encouraging good teachers to become excellent teachers. The
841 Legislature finds that the National Board for Professional
842 Teaching Standards (NBPTS) has established high and rigorous
843 standards for accomplished teaching and has developed a national
844 voluntary system for assessing and certifying teachers who
845 demonstrate teaching excellence by meeting those standards. It
846 is therefore the Legislature’s intent to reward teachers who
847 demonstrate teaching excellence by attaining NBPTS certification
848 and sharing their expertise with other teachers.
849 Reviser’s note.—Amended pursuant to the directive of the
850 Legislature in s. 10, ch. 2022-16, Laws of Florida, to the
851 Division of Law Revision to prepare a reviser’s bill for
852 the 2023 Regular Session of the Legislature to change the
853 term “Next Generation Sunshine State Standards” to “state
854 academic standards” wherever the term appears in the
855 Florida Statutes.
856 Section 22. Except as otherwise expressly provided in this
857 act and except for this section, which shall take effect July 1,
858 2023, this act shall take effect on the 60th day after
859 adjournment sine die of the session of the Legislature in which
860 enacted.
