Bill Text: FL S0062 | 2020 | Regular Session | Introduced
Bill Title: K-12 Education
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Appropriations [S0062 Detail]
Download: Florida-2020-S0062-Introduced.html
Florida Senate - 2020 SB 62 By Senator Stargel 22-01672-20 202062__ 1 A bill to be entitled 2 An act relating to K-12 education; amending s. 3 212.055, F.S.; requiring that a resolution to levy 4 discretionary sales tax include a statement containing 5 certain information; requiring surtax revenues shared 6 with charter schools to be expended by the charter 7 schools in a certain manner; amending s. 1007.273, 8 F.S.; defining the term “early college program”; 9 deleting a provision related to collegiate high school 10 programs; changing the term “collegiate high school 11 program” to “early college program”; requiring early 12 college programs to prioritize certain courses for 13 degree purposes; authorizing a charter school to 14 execute a contract with a local Florida College System 15 institution or another institution as authorized by 16 law to establish an early college program; requiring 17 that the Commissioner of Education report to the 18 Governor and the Legislature on the status of early 19 college programs by a specified date and annually 20 thereafter; requiring the report contain certain 21 information; amending s. 1011.62, F.S.; changing the 22 calculation of full-time equivalent student membership 23 for dual enrollment purposes; providing that full-time 24 equivalent membership can be calculated based on a 25 student earning a College Board Advanced Placement 26 Capstone Diploma; providing for calculation of full 27 time equivalent membership for students earning the 28 Capstone Diploma; requiring that before distribution 29 of the mental health assistance allocation occurs, a 30 school district submit a detailed plan that includes 31 the input of school and community stakeholders and is 32 informed by a needs assessment; requiring school board 33 mental health policies and procedures to include 34 certain items; requiring each school district to 35 submit a report to the Department of Education which 36 reflects certain program outcomes and expenditures for 37 all charter schools in the district; requiring the 38 report to include certain information; requiring that 39 certain excess funds be used for specified mental 40 health expenses; abrograting the scheduled repeal of 41 provisions relating to the annual funding compression 42 allocation; amending s. 1003.4282, F.S.; conforming a 43 provision to changes made by the act; providing an 44 effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Subsection (6) of section 212.055, Florida 49 Statutes, is amended to read: 50 212.055 Discretionary sales surtaxes; legislative intent; 51 authorization and use of proceeds.—It is the legislative intent 52 that any authorization for imposition of a discretionary sales 53 surtax shall be published in the Florida Statutes as a 54 subsection of this section, irrespective of the duration of the 55 levy. Each enactment shall specify the types of counties 56 authorized to levy; the rate or rates which may be imposed; the 57 maximum length of time the surtax may be imposed, if any; the 58 procedure which must be followed to secure voter approval, if 59 required; the purpose for which the proceeds may be expended; 60 and such other requirements as the Legislature may provide. 61 Taxable transactions and administrative procedures shall be as 62 provided in s. 212.054. 63 (6) SCHOOL CAPITAL OUTLAY SURTAX.— 64 (a) The school board in each county may levy, pursuant to 65 resolution conditioned to take effect only upon approval by a 66 majority vote of the electors of the county voting in a 67 referendum, a discretionary sales surtax at a rate that may not 68 exceed 0.5 percent. 69 (b) The resolution mustshallinclude a statement that 70 provides a brief and general description of the school capital 71 outlay projects to be funded by the surtax. The resolution must 72 also include a statement that the revenues collected must be 73 shared with charter schools based on their proportionate share 74 of total school district enrollment. The statement mustshall75 conform to the requirements of s. 101.161 and shall be placed on 76 the ballot by the governing body of the county. The following 77 question shall be placed on the ballot: 78 79 ....FOR THE ....CENTS TAX 80 ....AGAINST THE ....CENTS TAX 81 (c) The resolution providing for the imposition of the 82 surtax mustshallset forth a plan for use of the surtax 83 proceeds for fixed capital expenditures or fixed capital costs 84 associated with the construction, reconstruction, or improvement 85 of school facilities and campuses which have a useful life 86 expectancy of 5 or more years, and any land acquisition, land 87 improvement, design, and engineering costs related thereto. 88 Additionally, the plan shall include the costs of retrofitting 89 and providing for technology implementation, including hardware 90 and software, for the various sites within the school district. 91 Surtax revenues may be used for the purpose of servicing bond 92 indebtedness to finance projects authorized by this subsection, 93 and any interest accrued thereto may be held in trust to finance 94 such projects. Neither the proceeds of the surtax nor any 95 interest accrued thereto shall be used for operational expenses. 96 Surtax revenues shared with charter schools shall be expended by 97 the charter schools in a manner consistent with the plan, as 98 appropriate. 99 (d) Surtax revenues collected by the Department of Revenue 100 pursuant to this subsection shall be distributed to the school 101 board imposing the surtax in accordance with law. 102 Section 2. Section 1007.273, Florida Statutes, is amended 103 to read: 104 1007.273 Early college programsCollegiate high school105program.— 106 (1) Each Florida College System institution shall work with 107 each district school board in its designated service area to 108 establish one or more early collegecollegiate high school109 programs. As used in this section, the term “early college 110 program” means a structured high school acceleration program in 111 which a cohort of students is taking postsecondary courses full 112 time toward an associate degree. The early college program must 113 prioritize courses applicable as general education core courses 114 under s. 1007.25 for an associate degree or a baccalaureate 115 degree. 116(2) At a minimum, collegiate high school programs must117include an option for public school students in grade 11 or118grade 12 participating in the program, for at least 1 full119school year, to earn CAPE industry certifications pursuant to s.1201008.44 and to successfully complete 30 credit hours through the121dual enrollment program under s. 1007.271 toward the first year122of college for an associate degree or baccalaureate degree while123enrolled in the program.124 (2)(3)Each district school board and its local Florida 125 College System institution shall execute a contract to establish 126 one or more early collegecollegiate high schoolprograms at a 127 mutually agreed upon location or locations.Beginning with the1282015-2016 school year,If the Florida College System institution 129 does not establish an early collegeaprogram with a district 130 school board in its designated service area, another Florida 131 College System institution may execute a contract with that 132 district school board to establish the early college program. 133 The contract must be executed by January 1 of each school year 134 for implementation of the program during the next school year. 135 The contract must: 136 (a) Identify the grade levels to be included in the early 137 collegecollegiate high schoolprogramwhich must, at a minimum,138include grade 12. 139 (b) Describe the early collegecollegiate high school140 program, including the delineation of courses that must, at a 141 minimum, include general education core courses pursuant to s. 142 1007.25;andindustry certifications offered,includingonline 143 course availability; the high school and college credits earned 144 for each postsecondary course completed and industry 145 certification earned; student eligibility criteria; and the 146 enrollment process and relevant deadlines. 147 (c) Describe the methods, medium, and process by which 148 students and their parents are annually informed about the 149 availability of the early collegecollegiate high school150 program, the return on investment associated with participation 151 in the early college program, and the information described in 152 paragraphs (a) and (b). 153 (d) Identify the delivery methods for instruction and the 154 instructors for all courses. 155 (e) Identify student advising services and progress 156 monitoring mechanisms. 157 (f) Establish a program review and reporting mechanism 158 regarding student performance outcomes. 159 (g) Describe the terms of funding arrangements to 160 implement the early collegecollegiate high schoolprogram 161 pursuant to subsection (5). 162 (3)(4)Each student participating in an early collegea163collegiate high schoolprogram must enter into a student 164 performance contract thatwhichmust be signed by the student, 165 the parent, and a representative of the school district and the 166applicableFlorida College System institution partner,state167university,or any other eligible postsecondary institution 168 partner participating pursuant to subsection (4)(5). The 169 performance contract must, at a minimum, specifyincludethe 170 schedule of courses, by semester, and industry certifications to 171 be taken by the student, if any; student attendance 172 requirements;,andcourse grade requirements; and the 173 applicability of such courses to an associate degree or a 174 baccalaureate degree. 175 (4)(5)In addition to executing a contract with the local 176 Florida College System institution under this section, a 177 district school board may execute a contract to establish an 178 early collegea collegiate high schoolprogram with a state 179 university or an institution that is eligible to participate in 180 the William L. Boyd, IV, Effective Access to Student Education 181 Grant Program, that is a nonprofit independent college or 182 university located and chartered in this state, and that is 183 accredited by the Commission on Colleges of the Southern 184 Association of Colleges and Schools to grant baccalaureate 185 degrees. Such university or institution must meet the 186 requirements specified under subsections (2) and (3)subsections187(3) and (4). A charter school may execute a contract directly 188 with the local Florida College System institution or another 189 institution as authorized under this section to establish an 190 early college program at a mutually agreed upon location. 191 (5)(6)The early collegecollegiate high schoolprogram 192 shall be funded pursuant to ss. 1007.271 and 1011.62. The State 193 Board of Education shall enforce compliance with this section by 194 withholding the transfer of funds for the school districts and 195 the Florida College System institutions in accordance with s. 196 1008.32. 197 (6) By November 30, 2021, and annually thereafter, the 198 commissioner must report to the Governor, the President of the 199 Senate, and the Speaker of the House of Representatives the 200 status of early college programs, including, at a minimum, a 201 summary of student enrollment in public and private 202 postsecondary institutions and program completion information. 203 Section 3. Paragraphs (i) and (n) of subsection (1) and 204 subsections (16) and (17) of section 1011.62, Florida Statutes, 205 are amended to read: 206 1011.62 Funds for operation of schools.—If the annual 207 allocation from the Florida Education Finance Program to each 208 district for operation of schools is not determined in the 209 annual appropriations act or the substantive bill implementing 210 the annual appropriations act, it shall be determined as 211 follows: 212 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 213 OPERATION.—The following procedure shall be followed in 214 determining the annual allocation to each district for 215 operation: 216 (i) Calculation of full-time equivalent membership with 217 respect to dual enrollment instruction.— 218 1. Full-time equivalent students.—Students enrolled in dual 219 enrollment instruction pursuant to s. 1007.271 may be included 220 in calculations of full-time equivalent student memberships for 221 basic programs for grades 9 through 12 by a district school 222 board. Instructional time for dual enrollment may vary from 900 223 hours; however, the full-time equivalent student membership 224 value shall be subject to the provisions in s. 1011.61(4). Dual 225 enrollment full-time equivalent student membership shall be 226 calculated in an amount equal to the hours of instruction that 227 would be necessary to earn the full-time equivalent student 228 membership for an equivalent course if it were taught in the 229 school district. Students in dual enrollment courses may also be 230 calculated as the proportional shares of full-time equivalent 231 enrollments they generate for a Florida College System 232 institution or university conducting the dual enrollment 233 instruction. Early admission students shall be considered dual 234 enrollments for funding purposes. Students may be enrolled in 235 dual enrollment instruction provided by an eligible independent 236 college or university and may be included in calculations of 237 full-time equivalent student memberships for basic programs for 238 grades 9 through 12 by a district school board. However, those 239 provisions of law which exempt dual enrolled and early admission 240 students from payment of instructional materials and tuition and 241 fees, including laboratory fees, shall not apply to students who 242 select the option of enrolling in an eligible independent 243 institution. An independent college or university, which is not 244 for profit, is accredited by a regional or national accrediting 245 agency recognized by the United States Department of Education, 246 and confers degrees as defined in s. 1005.02 shall be eligible 247 for inclusion in the dual enrollment or early admission program. 248 Students enrolled in dual enrollment instruction shall be exempt 249 from the payment of tuition and fees, including laboratory fees. 250 No student enrolled in college credit mathematics or English 251 dual enrollment instruction shall be funded as a dual enrollment 252 unless the student has successfully completed the relevant 253 section of the entry-level examination required pursuant to s. 254 1008.30. 255 2. Additional full-time equivalent student membership.—For 256 students enrolled in an early college program, pursuant to s. 257 1007.273, a value of 0.16 full-time equivalent student 258 membership shall be calculated for each student who completes a 259 general education core course through the dual enrollment 260 program with a grade of “C” or better. For students who are not 261 enrolled in an early college program, a value of 0.08 full-time 262 equivalent student membership shall be calculated for each 263 student who completes a general education core course through 264 the dual enrollment program with a grade of “C” or better. In 265 addition, a value of 0.3 full-time equivalent student membership 266 shall be calculated for any student who receives an associate 267 degree through the dual enrollment program with a 3.0 grade 268 point average or better. This value shall be added to the total 269 full-time equivalent student membership in basic programs for 270 grades 9 through 12 in the subsequent fiscal year. This section 271 shall be effective for credit earned by dually enrolled students 272 for courses taken in the 2020-2021 school year and each school 273 year thereafter. If the associate degree pursuant to this 274 paragraph is earned in 2020-2021 following completion of courses 275 taken in the 2020-2021 school year, then courses taken towards 276 the degree as part of the dual enrollment program prior to 2020 277 2021 may not preclude eligibility for the 0.3 additional full 278 time equivalent student membership bonus. Each school district 279 shall allocate at least 50 percent of the funds received from 280 the dual enrollment bonus FTE funding, in accordance with this 281 paragraph, to the schools that generated the funds to support 282 student academic guidance and postsecondary readiness. 283 3. Qualifying courses.—For the purposes of this paragraph, 284 general education core courses are those that are identified in 285 rule by the State Board of Education and in regulation by the 286 Board of Governors pursuant to s. 1007.25(3). 287 (n) Calculation of additional full-time equivalent 288 membership based on college board advanced placement scores of 289 students and earning College Board Advanced Placement Capstone 290 Diplomas.—A value of 0.16 full-time equivalent student 291 membership shall be calculated for each student in each advanced 292 placement course who receives a score of 3 or higher on the 293 College Board Advanced Placement Examination for the prior year 294 and added to the total full-time equivalent student membership 295 in basic programs for grades 9 through 12 in the subsequent 296 fiscal year. A value of 0.3 full-time equivalent student 297 membership shall be calculated for each student who receives a 298 College Board Advanced Placement Capstone Diploma and meets the 299 requirements for a standard high school diploma under s. 300 1003.4282. This value shall be added to the total full-time 301 equivalent student membership in basic programs for grades 9 302 through 12 in the subsequent fiscal year. Each district must 303 allocate at least 80 percent of the funds provided to the 304 district for advanced placement instruction, in accordance with 305 this paragraph, to the high school that generates the funds. The 306 school district shall distribute to each classroom teacher who 307 provided advanced placement instruction: 308 1. A bonus in the amount of $50 for each student taught by 309 the Advanced Placement teacher in each advanced placement course 310 who receives a score of 3 or higher on the College Board 311 Advanced Placement Examination. 312 2. An additional bonus of $500 to each Advanced Placement 313 teacher in a school designated with a grade of “D” or “F” who 314 has at least one student scoring 3 or higher on the College 315 Board Advanced Placement Examination, regardless of the number 316 of classes taught or of the number of students scoring a 3 or 317 higher on the College Board Advanced Placement Examination. 318 319 Bonuses awarded under this paragraph shall be in addition to any 320 regular wage or other bonus the teacher received or is scheduled 321 to receive. For such courses, the teacher shall earn an 322 additional bonus of $50 for each student who has a qualifying 323 score. 324 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health 325 assistance allocation is created to provide funding to assist 326 school districts in establishing or expanding school-based 327 mental health care; train educators and other school staff in 328 detecting and responding to mental health issues; and connect 329 children, youth, and families who may experience behavioral 330 health issues with appropriate services. These funds shall be 331 allocated annually in the General Appropriations Act or other 332 law to each eligible school district. Each school district shall 333 receive a minimum of $100,000, with the remaining balance 334 allocated based on each school district’s proportionate share of 335 the state’s total unweighted full-time equivalent student 336 enrollment. Charter schools that submit a plan separate from the 337 school district are entitled to a proportionate share of 338 district funding. The allocated funds may not supplant funds 339 that are provided for this purpose from other operating funds 340 and may not be used to increase salaries or provide bonuses. 341 School districts are encouraged to maximize third-party health 342 insurance benefits and Medicaid claiming for services, where 343 appropriate. 344 (a) Before the distribution of the allocation: 345 1. The school district must develop and submit a detailed 346 plan, which includes the input of school and community 347 stakeholders and is informed by a needs assessment, outlining 348 the local program and planned expenditures to the district 349 school board for approval. This plan must include all district 350 schools, including charter schools, unless a charter school 351 elects to submit a plan independently from the school district 352 pursuant to subparagraph 2. 353 2. A charter school may develop and submit a detailed plan 354 outlining the local program and planned expenditures to its 355 governing body for approval. After the plan is approved by the 356 governing body, it must be provided to the charter school’s 357 sponsor. 358 (b) The plans required under paragraph (a) must be focused 359 on a multitiered system of supports to deliver evidence-based 360 mental health care assessment, diagnosis, intervention, 361 treatment, and recovery services to students with one or more 362 mental health or co-occurring substance abuse diagnoses and to 363 students at high risk of such diagnoses. The provision of these 364 services must be coordinated with a student’s primary mental 365 health care provider and with other mental health providers 366 involved in the student’s care. At a minimum, the plans must 367 include the following elements: 368 1. Direct employment of school-based mental health services 369 providers to expand and enhance school-based student services 370 and to reduce the ratio of students to staff in order to better 371 align with nationally recommended ratio models. These providers 372 include, but are not limited to, certified school counselors, 373 school psychologists, school social workers, and other licensed 374 mental health professionals. The plan also must identify 375 strategies to increase the amount of time that school-based 376 student services personnel spend providing direct services to 377 students, which may include the review and revision of district 378 staffing resource allocations based on school or student mental 379 health assistance needs. 380 2. Contracts or interagency agreements with one or more 381 local community behavioral health providers or providers of 382 Community Action Team services to provide a behavioral health 383 staff presence and services at district schools. Services may 384 include, but are not limited to, mental health screenings and 385 assessments, individual counseling, family counseling, group 386 counseling, psychiatric or psychological services, trauma 387 informed care, mobile crisis services, and behavior 388 modification. These behavioral health services may be provided 389 on or off the school campus and may be supplemented by 390 telehealth. 391 3. Policies and procedures, including contracts with 392 service providers, which will ensure that students who are 393 referred to a school-based or community-based mental health 394 service provider for mental health screening for the 395 identification of mental health concerns and ensure that the 396 assessment of students at risk for mental health disorders 397 occurs within 15 days of referral. School-based mental health 398 services must be initiated within 15 days after identification 399 and assessment, and support by community-based mental health 400 service providers for students who are referred for community 401 based mental health services must be initiated within 30 days 402 after the school or district makes a referral. 403 4. School board mental health policies and procedures, 404 including the following: 405 a. Universal supports to promote students’ psychological 406 well-being and ensure safe and supportive school environments; 407 b. Evidence-based strategies or programs to reduce the 408 likelihood of at-risk students developing social, emotional, or 409 behavioral health problems, depression, anxiety disorders, 410 suicidal tendencies, or substance use disorders. 411 c.5.Strategies to improve the early identification of 412 social, emotional, or behavioral problems or substance use 413 disorders, to provideimprove the provision ofearly 414 intervention services, and to assist students in dealing with 415 trauma and violence. 416 d. Policies and procedures for responding to a student with 417 suicidal ideation, including risk assessment, guidelines for 418 informing parents of suicide risk, and school board policies for 419 initiating involuntary examination of students with suicide 420 ideation. 421 e. A school crisis response plan that includes prevention, 422 preparation for, response to, and recovery from a range of 423 crises. The plan should include establishment of district-level 424 and school-level crisis response teams, including, but not 425 limited to, administration and school-based mental health 426 service providers. 427 (c) School districts shall submit approved plans, including 428 approved plans of each charter school in the district, to the 429 commissioner by August 1 of each fiscal year. 430 (d) Beginning September 30, 2019, and annually by September 431 30 thereafter, each school district shall submit to the 432 Department of Education a report on its program outcomes and 433 expenditures for the previous fiscal year. The report must 434 reflect program outcomes and expenditures for all charter 435 schools in the district, including charter schools that 436 submitted a separate plan. The report mustthat, at a minimum, 437mustincludethe number of each ofthe following: 438 1. The number of students who receive screenings or 439 assessments. 440 2. The number of students who are referred to either 441 school-based or community-based providers for services or 442 assistance. 443 3. The number of students who receive either school-based 444 or community-based interventions, services, or assistance. 445 4. The number of school-based and community-based mental 446 health providers, including licensure type, paid for from funds 447 provided through the allocation. 448 5. The number and ratio of school social workers, school 449 psychologists, and certified school counselors employed by the 450 district and the total number of licensed mental health 451 professionals employed directly by the district. 452 6.5.Contract-based collaborative efforts or partnerships 453 with community mental health programs, agencies, or providers. 454 (e) The amount of mental health assistance allocation funds 455 appropriated subsequent to the 2019-2020 fiscal year that are in 456 excess of the amount appropriated in the 2019-2020 fiscal year 457 shall be used exclusively to fund additional providers of 458 school-based mental health services. 459 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may 460 provide an annual funding compression allocation in the General 461 Appropriations Act. The allocation is created to provide 462 additional funding to school districts and developmental 463 research schools whose total funds per FTE in the prior year 464 were less than the statewide average. Using the most recent 465 prior year FEFP calculation for each eligible school district, 466 the total funds per FTE shall be subtracted from the state 467 average funds per FTE, not including any adjustments made 468 pursuant to paragraph (19)(b). The resulting funds per FTE 469 difference, or a portion thereof, as designated in the General 470 Appropriations Act, shall then be multiplied by the school 471 district’s total unweighted FTE to provide the allocation. If 472 the calculated funds are greater than the amount included in the 473 General Appropriations Act, they must be prorated to the 474 appropriation amount based on each participating school 475 district’s share.This subsection expires July 1, 2020.476 Section 4. Paragraph (c) of subsection (10) of section 477 1003.4282, Florida Statutes, is amended to read: 478 1003.4282 Requirements for a standard high school diploma.— 479 (10) STUDENTS WITH DISABILITIES.—Beginning with students 480 entering grade 9 in the 2014-2015 school year, this subsection 481 applies to a student with a disability. 482 (c) A student with a disability who meets the standard high 483 school diploma requirements in this section may defer the 484 receipt of a standard high school diploma if the student: 485 1. Has an individual education plan that prescribes special 486 education, transition planning, transition services, or related 487 services through age 21; and 488 2. Is enrolled in accelerated college credit instruction 489 pursuant to s. 1007.27, industry certification courses that lead 490 to college credit, an early collegea collegiate high school491 program, courses necessary to satisfy the Scholar designation 492 requirements, or a structured work-study, internship, or 493 preapprenticeship program. 494 495 The State Board of Education shall adopt rules under ss. 496 120.536(1) and 120.54 to implement this subsection, including 497 rules that establish the minimum requirements for students 498 described in this subsection to earn a standard high school 499 diploma. The State Board of Education shall adopt emergency 500 rules pursuant to ss. 120.536(1) and 120.54. 501 Section 5. This act shall take effect July 1, 2020.