Bill Text: FL S0254 | 2021 | Regular Session | Introduced


Bill Title: Education

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-12-21 - Referred to Education; Appropriations Subcommittee on Education; Appropriations [S0254 Detail]

Download: Florida-2021-S0254-Introduced.html
       Florida Senate - 2021                                     SB 254
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00129-21                                            2021254__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.33,
    3         F.S.; conforming a provision to changes made by the
    4         act; expanding the information that charter schools
    5         must include on their websites; requiring specified
    6         teachers to have received, at a minimum, a bachelor’s
    7         degree; revising requirements for all charter school
    8         facilities to include compliance with the State
    9         Requirements for Educational Facilities of the Florida
   10         Building Code; amending s. 1002.42, F.S.; revising the
   11         information required to be included in a specified
   12         database relating to private schools; requiring
   13         private schools to provide specified students with a
   14         certain amount of time for recess; requiring private
   15         school students to participate in the statewide
   16         assessment program; requiring private schools to
   17         establish curricula that meet specified standards;
   18         requiring teachers employed by or working under
   19         contract with private schools to meet specified
   20         requirements; requiring private schools to comply with
   21         the State Requirements for Educational Facilities of
   22         the Florida Building Code; providing for injunctive
   23         relief under certain circumstances; authorizing
   24         attorney fees and costs; amending s. 1003.455, F.S.;
   25         deleting an exception relating to charter schools’
   26         compliance with a specified provision; amending s.
   27         1008.34, F.S.; requiring private schools to be graded
   28         according to specified rules; requiring private
   29         schools to assess at least 95 percent of eligible
   30         students; deleting obsolete language; requiring the
   31         Department of Education to annually develop, in
   32         collaboration with private schools, a school report
   33         card that private schools provides to parents;
   34         amending s. 1013.385, F.S.; conforming a provision to
   35         changes made by the act; reenacting ss.
   36         163.3180(6)(h), 1002.32(9)(c), and 1002.345(1)(a),
   37         F.S., relating to concurrency, developmental research
   38         (laboratory) schools’ funding, and determination of
   39         deteriorating financial conditions and financial
   40         emergencies for charter schools and charter technical
   41         career centers, respectively, to incorporate the
   42         amendment made to s. 1002.33, F.S., in references
   43         thereto; reenacting ss. 1002.385(2)(g), 1002.421(1),
   44         and 1007.271(2), F.S., relating to the Gardiner
   45         Scholarship, state school choice scholarship program
   46         accountability and oversight, and dual enrollment
   47         programs, respectively, to incorporate the amendment
   48         made to s. 1002.42, F.S., in references thereto;
   49         providing an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraph (a) of subsection (7), paragraph (p)
   54  of subsection (9), paragraph (f) of subsection (12), and
   55  paragraph (a) of subsection (18) of section 1002.33, Florida
   56  Statutes, are amended to read:
   57         1002.33 Charter schools.—
   58         (7) CHARTER.—The terms and conditions for the operation of
   59  a charter school shall be set forth by the sponsor and the
   60  applicant in a written contractual agreement, called a charter.
   61  The sponsor and the governing board of the charter school shall
   62  use the standard charter contract pursuant to subsection (21),
   63  which shall incorporate the approved application and any addenda
   64  approved with the application. Any term or condition of a
   65  proposed charter contract that differs from the standard charter
   66  contract adopted by rule of the State Board of Education shall
   67  be presumed a limitation on charter school flexibility. The
   68  sponsor may not impose unreasonable rules or regulations that
   69  violate the intent of giving charter schools greater flexibility
   70  to meet educational goals. The charter shall be signed by the
   71  governing board of the charter school and the sponsor, following
   72  a public hearing to ensure community input.
   73         (a) The charter shall address and criteria for approval of
   74  the charter shall be based on:
   75         1. The school’s mission, the students to be served, and the
   76  ages and grades to be included.
   77         2. The focus of the curriculum, the instructional methods
   78  to be used, any distinctive instructional techniques to be
   79  employed, and identification and acquisition of appropriate
   80  technologies needed to improve educational and administrative
   81  performance which include a means for promoting safe, ethical,
   82  and appropriate uses of technology which comply with legal and
   83  professional standards.
   84         a. The charter shall ensure that reading is a primary focus
   85  of the curriculum and that resources are provided to identify
   86  and provide specialized instruction for students who are reading
   87  below grade level. The curriculum and instructional strategies
   88  for reading must be consistent with the Next Generation Sunshine
   89  State Standards and grounded in scientifically based reading
   90  research.
   91         b. In order to provide students with access to diverse
   92  instructional delivery models, to facilitate the integration of
   93  technology within traditional classroom instruction, and to
   94  provide students with the skills they need to compete in the
   95  21st century economy, the Legislature encourages instructional
   96  methods for blended learning courses consisting of both
   97  traditional classroom and online instructional techniques.
   98  Charter schools may implement blended learning courses which
   99  combine traditional classroom instruction and virtual
  100  instruction. Students in a blended learning course must be full
  101  time students of the charter school pursuant to s.
  102  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  103  1012.55 who provide virtual instruction for blended learning
  104  courses may be employees of the charter school or may be under
  105  contract to provide instructional services to charter school
  106  students. At a minimum, such instructional personnel must hold
  107  an active state or school district adjunct certification under
  108  s. 1012.57 for the subject area of the blended learning course.
  109  The funding and performance accountability requirements for
  110  blended learning courses are the same as those for traditional
  111  courses.
  112         3. The current incoming baseline standard of student
  113  academic achievement, the outcomes to be achieved, and the
  114  method of measurement that will be used. The criteria listed in
  115  this subparagraph shall include a detailed description of:
  116         a. How the baseline student academic achievement levels and
  117  prior rates of academic progress will be established.
  118         b. How these baseline rates will be compared to rates of
  119  academic progress achieved by these same students while
  120  attending the charter school.
  121         c. To the extent possible, how these rates of progress will
  122  be evaluated and compared with rates of progress of other
  123  closely comparable student populations.
  124  
  125  The district school board is required to provide academic
  126  student performance data to charter schools for each of their
  127  students coming from the district school system, as well as
  128  rates of academic progress of comparable student populations in
  129  the district school system.
  130         4. The methods used to identify the educational strengths
  131  and needs of students and how well educational goals and
  132  performance standards are met by students attending the charter
  133  school. The methods shall provide a means for the charter school
  134  to ensure accountability to its constituents by analyzing
  135  student performance data and by evaluating the effectiveness and
  136  efficiency of its major educational programs. Students in
  137  charter schools shall, at a minimum, participate in the
  138  statewide assessment program created under s. 1008.22.
  139         5. In secondary charter schools, a method for determining
  140  that a student has satisfied the requirements for graduation in
  141  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  142         6. A method for resolving conflicts between the governing
  143  board of the charter school and the sponsor.
  144         7. The admissions procedures and dismissal procedures,
  145  including the school’s code of student conduct. Admission or
  146  dismissal must not be based on a student’s academic performance.
  147         8. The ways by which the school will achieve a
  148  racial/ethnic balance reflective of the community it serves or
  149  within the racial/ethnic range of other public schools in the
  150  same school district.
  151         9. The financial and administrative management of the
  152  school, including a reasonable demonstration of the professional
  153  experience or competence of those individuals or organizations
  154  applying to operate the charter school or those hired or
  155  retained to perform such professional services and the
  156  description of clearly delineated responsibilities and the
  157  policies and practices needed to effectively manage the charter
  158  school. A description of internal audit procedures and
  159  establishment of controls to ensure that financial resources are
  160  properly managed must be included. Both public sector and
  161  private sector professional experience shall be equally valid in
  162  such a consideration.
  163         10. The asset and liability projections required in the
  164  application which are incorporated into the charter and shall be
  165  compared with information provided in the annual report of the
  166  charter school.
  167         11. A description of procedures that identify various risks
  168  and provide for a comprehensive approach to reduce the impact of
  169  losses; plans to ensure the safety and security of students and
  170  staff; plans to identify, minimize, and protect others from
  171  violent or disruptive student behavior; and the manner in which
  172  the school will be insured, including whether or not the school
  173  will be required to have liability insurance, and, if so, the
  174  terms and conditions thereof and the amounts of coverage.
  175         12. The term of the charter which shall provide for
  176  cancellation of the charter if insufficient progress has been
  177  made in attaining the student achievement objectives of the
  178  charter and if it is not likely that such objectives can be
  179  achieved before expiration of the charter. The initial term of a
  180  charter shall be for 5 years, excluding 2 planning years. In
  181  order to facilitate access to long-term financial resources for
  182  charter school construction, charter schools that are operated
  183  by a municipality or other public entity as provided by law are
  184  eligible for up to a 15-year charter, subject to approval by the
  185  district school board. A charter lab school is eligible for a
  186  charter for a term of up to 15 years. In addition, to facilitate
  187  access to long-term financial resources for charter school
  188  construction, charter schools that are operated by a private,
  189  not-for-profit, s. 501(c)(3) status corporation are eligible for
  190  up to a 15-year charter, subject to approval by the district
  191  school board. Such long-term charters remain subject to annual
  192  review and may be terminated during the term of the charter, but
  193  only according to the provisions set forth in subsection (8).
  194         13. The facilities to be used and their location. The
  195  sponsor may not require a charter school to have a certificate
  196  of occupancy or a temporary certificate of occupancy for such a
  197  facility earlier than 15 calendar days before the first day of
  198  school.
  199         14. The qualifications to be required of the teachers and
  200  the potential strategies used to recruit, hire, train, and
  201  retain qualified staff to achieve best value, notwithstanding
  202  the requirements of paragraph (12)(f).
  203         15. The governance structure of the school, including the
  204  status of the charter school as a public or private employer as
  205  required in paragraph (12)(i).
  206         16. A timetable for implementing the charter which
  207  addresses the implementation of each element thereof and the
  208  date by which the charter shall be awarded in order to meet this
  209  timetable.
  210         17. In the case of an existing public school that is being
  211  converted to charter status, alternative arrangements for
  212  current students who choose not to attend the charter school and
  213  for current teachers who choose not to teach in the charter
  214  school after conversion in accordance with the existing
  215  collective bargaining agreement or district school board rule in
  216  the absence of a collective bargaining agreement. However,
  217  alternative arrangements shall not be required for current
  218  teachers who choose not to teach in a charter lab school, except
  219  as authorized by the employment policies of the state university
  220  which grants the charter to the lab school.
  221         18. Full disclosure of the identity of all relatives
  222  employed by the charter school who are related to the charter
  223  school owner, president, chairperson of the governing board of
  224  directors, superintendent, governing board member, principal,
  225  assistant principal, or any other person employed by the charter
  226  school who has equivalent decisionmaking authority. For the
  227  purpose of this subparagraph, the term “relative” means father,
  228  mother, son, daughter, brother, sister, uncle, aunt, first
  229  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  230  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  231  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  232  stepsister, half brother, or half sister.
  233         19. Implementation of the activities authorized under s.
  234  1002.331 by the charter school when it satisfies the eligibility
  235  requirements for a high-performing charter school. A high
  236  performing charter school shall notify its sponsor in writing by
  237  March 1 if it intends to increase enrollment or expand grade
  238  levels the following school year. The written notice shall
  239  specify the amount of the enrollment increase and the grade
  240  levels that will be added, as applicable.
  241         (9) CHARTER SCHOOL REQUIREMENTS.—
  242         (p)1. Each charter school shall maintain a website that
  243  enables the public to obtain information regarding the school;
  244  the school’s academic performance; the school’s graduation
  245  rates; students’ results on the statewide, standardized
  246  assessment; the names of the governing board members; the
  247  programs at the school; any management companies, service
  248  providers, or education management corporations associated with
  249  the school; the school’s annual budget and its annual
  250  independent fiscal audit; the school’s grade pursuant to s.
  251  1008.34; and, on a quarterly basis, the minutes of governing
  252  board meetings.
  253         2. Each charter school’s governing board must appoint a
  254  representative to facilitate parental involvement, provide
  255  access to information, assist parents and others with questions
  256  and concerns, and resolve disputes. The representative must
  257  reside in the school district in which the charter school is
  258  located and may be a governing board member, a charter school
  259  employee, or an individual contracted to represent the governing
  260  board. If the governing board oversees multiple charter schools
  261  in the same school district, the governing board must appoint a
  262  separate representative for each charter school in the district.
  263  The representative’s contact information must be provided
  264  annually in writing to parents and posted prominently on the
  265  charter school’s website. The sponsor may not require governing
  266  board members to reside in the school district in which the
  267  charter school is located if the charter school complies with
  268  this subparagraph.
  269         3. Each charter school’s governing board must hold at least
  270  two public meetings per school year in the school district where
  271  the charter school is located. The meetings must be noticed,
  272  open, and accessible to the public, and attendees must be
  273  provided an opportunity to receive information and provide input
  274  regarding the charter school’s operations. The appointed
  275  representative and charter school principal or director, or his
  276  or her designee, must be physically present at each meeting.
  277  Members of the governing board may attend in person or by means
  278  of communications media technology used in accordance with rules
  279  adopted by the Administration Commission under s. 120.54(5).
  280         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  281         (f) Teachers employed by or under contract to a charter
  282  school must shall be certified as required by chapter 1012 and
  283  must, at a minimum, have received a bachelor’s degree. A charter
  284  school governing board may employ or contract with skilled
  285  selected noncertified personnel to provide instructional
  286  services or to assist instructional staff members as education
  287  paraprofessionals in the same manner as defined in chapter 1012,
  288  and as provided by State Board of Education rule for charter
  289  school governing boards. A charter school may not knowingly
  290  employ an individual to provide instructional services or to
  291  serve as an education paraprofessional if the individual’s
  292  certification or licensure as an educator is suspended or
  293  revoked by this or any other state. A charter school may not
  294  knowingly employ an individual who has resigned from a school
  295  district in lieu of disciplinary action with respect to child
  296  welfare or safety, or who has been dismissed for just cause by
  297  any school district with respect to child welfare or safety. The
  298  qualifications of teachers shall be disclosed to parents.
  299         (18) FACILITIES.—
  300         (a) A startup charter school shall utilize facilities which
  301  comply with the Florida Building Code pursuant to chapter 553
  302  except for the State Requirements for Educational Facilities.
  303  Conversion charter schools shall utilize facilities that comply
  304  with the State Requirements for Educational Facilities provided
  305  that the school district and the charter school have entered
  306  into a mutual management plan for the reasonable maintenance of
  307  such facilities. The mutual management plan shall contain a
  308  provision by which the district school board agrees to maintain
  309  charter school facilities in the same manner as its other public
  310  schools within the district. Charter schools shall comply, with
  311  the exception of conversion charter schools, are not required to
  312  comply, but may choose to comply, with the State Requirements
  313  for Educational Facilities of the Florida Building Code adopted
  314  pursuant to s. 1013.37. The local governing authority may not
  315  shall not adopt or impose any local building requirements or
  316  site-development restrictions, such as parking and site-size
  317  criteria, student enrollment, and occupant load, that are
  318  addressed by and more stringent than those found in the State
  319  Requirements for Educational Facilities of the Florida Building
  320  Code. A local governing authority must treat charter schools
  321  equitably in comparison to similar requirements, restrictions,
  322  and site planning processes imposed upon public schools that are
  323  not charter schools. The agency having jurisdiction for
  324  inspection of a facility and issuance of a certificate of
  325  occupancy or use shall be the local municipality or, if in an
  326  unincorporated area, the county governing authority. If an
  327  official or employee of the local governing authority refuses to
  328  comply with this paragraph, the aggrieved school or entity has
  329  an immediate right to bring an action in circuit court to
  330  enforce its rights by injunction. An aggrieved party that
  331  receives injunctive relief may be awarded attorney fees and
  332  court costs.
  333         Section 2. Paragraph (a) of subsection (2) of section
  334  1002.42, Florida Statutes, is amended, and subsections (18)
  335  through (22) are added to that section, to read:
  336         1002.42 Private schools.—
  337         (2) ANNUAL PRIVATE SCHOOL SURVEY.—
  338         (a) The Department of Education shall organize, maintain,
  339  and annually update a database of educational institutions
  340  within the state coming within the provisions of this section.
  341  There shall be included in The database of each institution must
  342  include the name, address, and telephone number of the
  343  institution; the type of institution; the names of
  344  administrative officers; the enrollment by grade or special
  345  group (e.g., career education and exceptional child education);
  346  the number of graduates and the graduation rates; the number of
  347  instructional and administrative personnel; the number of days
  348  the school is in session; students’ results on the statewide,
  349  standardized assessment; the school’s annual budget; and such
  350  data as may be needed to meet the provisions of this section and
  351  s. 1003.23(2).
  352         (18)PHYSICAL EDUCATION.—Each private school shall provide
  353  at least 100 minutes of supervised, safe, and unstructured free
  354  play recess each week for students in kindergarten through grade
  355  5 so that there are at least 20 consecutive minutes of free-play
  356  recess per day.
  357         (19) STATEWIDE, STANDARDIZED ASSESSMENTS.—Students in
  358  private schools shall participate in the statewide assessment
  359  program created under s. 1008.22.
  360         (20) NEXT GENERATION SUNSHINE STATE STANDARDS.—Each private
  361  school shall establish a curriculum that meets the standards set
  362  forth in s. 1003.41.
  363         (21) PRIVATE SCHOOL CLASSROOM TEACHERS.—Teachers employed
  364  by or under contract with a private school shall be certified as
  365  required by chapter 1012 and must, at a minimum, hold a
  366  bachelor’s degree.
  367         (22) FACILITIES.—Private schools must comply with the State
  368  Requirements for Educational Facilities of the Florida Building
  369  Code adopted pursuant to s. 1013.37. The local governing
  370  authority may not adopt or impose any local building
  371  requirements or site-development restrictions, such as parking
  372  and site-size criteria, student enrollment, and occupant load,
  373  that are addressed by and more stringent than those found in the
  374  State Requirements for Educational Facilities of the Florida
  375  Building Code. A local governing authority must treat private
  376  schools equitably with regard to requirements, restrictions, and
  377  site planning processes imposed upon public schools. The agency
  378  having jurisdiction for inspection of a facility and issuance of
  379  a certificate of occupancy or use is the local municipality or,
  380  if the private school is in an unincorporated area, the county
  381  governing authority. If an official or employee of the local
  382  governing authority refuses to comply with this subsection, the
  383  aggrieved school or entity has an immediate right to bring an
  384  action in circuit court to enforce its rights by injunction. An
  385  aggrieved party that receives injunctive relief may be awarded
  386  attorney fees and court costs.
  387         Section 3. Subsection (6) of section 1003.455, Florida
  388  Statutes, is amended, and subsection (3) of that section is
  389  republished, to read:
  390         1003.455 Physical education; assessment.—
  391         (3) Each district school board shall provide 150 minutes of
  392  physical education each week for students in kindergarten
  393  through grade 5 and for students in grade 6 who are enrolled in
  394  a school that contains one or more elementary grades so that on
  395  any day during which physical education instruction is conducted
  396  there are at least 30 consecutive minutes per day. Beginning
  397  with the 2009-2010 school year, the equivalent of one class
  398  period per day of physical education for one semester of each
  399  year is required for students enrolled in grades 6 through 8.
  400  Students enrolled in such instruction shall be reported through
  401  the periodic student membership surveys, and records of such
  402  enrollment shall be audited pursuant to s. 1010.305. Such
  403  instruction may be provided by any instructional personnel as
  404  defined in s. 1012.01(2), regardless of certification, who are
  405  designated by the school principal.
  406         (6) In addition to the requirements in subsection (3), each
  407  district school board shall provide at least 100 minutes of
  408  supervised, safe, and unstructured free-play recess each week
  409  for students in kindergarten through grade 5 so that there are
  410  at least 20 consecutive minutes of free-play recess per day.
  411  This requirement does not apply to charter schools.
  412         Section 4. Subsection (2), paragraphs (a) and (b) of
  413  subsection (3), and subsection (4) of section 1008.34, Florida
  414  Statutes, are amended to read:
  415         1008.34 School grading system; school report cards;
  416  district grade.—
  417         (2) SCHOOL GRADES.—Schools, including private schools,
  418  shall be graded using one of the following grades, defined
  419  according to rules of the State Board of Education:
  420         (a) “A,” schools making excellent progress.
  421         (b) “B,” schools making above average progress.
  422         (c) “C,” schools making satisfactory progress.
  423         (d) “D,” schools making less than satisfactory progress.
  424         (e) “F,” schools failing to make adequate progress.
  425  
  426  Each school that earns a grade of “A” or improves at least two
  427  letter grades may have greater authority over the allocation of
  428  the school’s total budget generated from the FEFP, state
  429  categoricals, lottery funds, grants, and local funds.
  430         (3) DESIGNATION OF SCHOOL GRADES.—
  431         (a) Each school, including private schools, must assess at
  432  least 95 percent of its eligible students, except as provided
  433  under s. 1008.341 for alternative schools. Each school shall
  434  receive a school grade based on the school’s performance on the
  435  components listed in subparagraphs (b)1. and 2. If a school does
  436  not have at least 10 students with complete data for one or more
  437  of the components listed in subparagraphs (b)1. and 2., those
  438  components may not be used in calculating the school’s grade.
  439         1. An alternative school may choose to receive a school
  440  grade under this section or a school improvement rating under s.
  441  1008.341. For charter schools that meet the definition of an
  442  alternative school pursuant to State Board of Education rule,
  443  the decision to receive a school grade is the decision of the
  444  charter school governing board.
  445         2. A school that serves any combination of students in
  446  kindergarten through grade 3 that does not receive a school
  447  grade because its students are not tested and included in the
  448  school grading system shall receive the school grade designation
  449  of a K-3 feeder pattern school identified by the Department of
  450  Education and verified by the school district. A school feeder
  451  pattern exists if a majority of the students in the school
  452  serving a combination of students in kindergarten through grade
  453  3 are scheduled to be assigned to the graded school.
  454         3. If a collocated school does not earn a school grade or
  455  school improvement rating for the performance of its students,
  456  the student performance data of all schools operating at the
  457  same facility must be aggregated to develop a school grade that
  458  will be assigned to all schools at that location. A collocated
  459  school is a school that has its own unique master school
  460  identification number, provides for the education of each of its
  461  enrolled students, and operates at the same facility as another
  462  school that has its own unique master school identification
  463  number and provides for the education of each of its enrolled
  464  students.
  465         (b)1. Beginning with the 2014-2015 school year, A school’s
  466  grade shall be based on the following components, each worth 100
  467  points:
  468         a. The percentage of eligible students passing statewide,
  469  standardized assessments in English Language Arts under s.
  470  1008.22(3).
  471         b. The percentage of eligible students passing statewide,
  472  standardized assessments in mathematics under s. 1008.22(3).
  473         c. The percentage of eligible students passing statewide,
  474  standardized assessments in science under s. 1008.22(3).
  475         d. The percentage of eligible students passing statewide,
  476  standardized assessments in social studies under s. 1008.22(3).
  477         e. The percentage of eligible students who make Learning
  478  Gains in English Language Arts as measured by statewide,
  479  standardized assessments administered under s. 1008.22(3).
  480         f. The percentage of eligible students who make Learning
  481  Gains in mathematics as measured by statewide, standardized
  482  assessments administered under s. 1008.22(3).
  483         g. The percentage of eligible students in the lowest 25
  484  percent in English Language Arts, as identified by prior year
  485  performance on statewide, standardized assessments, who make
  486  Learning Gains as measured by statewide, standardized English
  487  Language Arts assessments administered under s. 1008.22(3).
  488         h. The percentage of eligible students in the lowest 25
  489  percent in mathematics, as identified by prior year performance
  490  on statewide, standardized assessments, who make Learning Gains
  491  as measured by statewide, standardized Mathematics assessments
  492  administered under s. 1008.22(3).
  493         i. For schools comprised of middle grades 6 through 8 or
  494  grades 7 and 8, the percentage of eligible students passing high
  495  school level statewide, standardized end-of-course assessments
  496  or attaining national industry certifications identified in the
  497  CAPE Industry Certification Funding List pursuant to state board
  498  rule.
  499  
  500  In calculating Learning Gains for the components listed in sub
  501  subparagraphs e.-h., the State Board of Education shall require
  502  that learning growth toward achievement levels 3, 4, and 5 is
  503  demonstrated by students who scored below each of those levels
  504  in the prior year. In calculating the components in sub
  505  subparagraphs a.-d., the state board shall include the
  506  performance of English language learners only if they have been
  507  enrolled in a school in the United States for more than 2 years.
  508         2. For a school comprised of grades 9, 10, 11, and 12, or
  509  grades 10, 11, and 12, the school’s grade shall also be based on
  510  the following components, each worth 100 points:
  511         a. The 4-year high school graduation rate of the school as
  512  defined by state board rule.
  513         b. The percentage of students who were eligible to earn
  514  college and career credit through College Board Advanced
  515  Placement examinations, International Baccalaureate
  516  examinations, dual enrollment courses, including career dual
  517  enrollment courses resulting in the completion of 300 or more
  518  clock hours during high school which are approved by the state
  519  board as meeting the requirements of s. 1007.271, or Advanced
  520  International Certificate of Education examinations; who, at any
  521  time during high school, earned national industry certification
  522  identified in the CAPE Industry Certification Funding List,
  523  pursuant to rules adopted by the state board; or, beginning with
  524  the 2022-2023 school year, who earned an Armed Services
  525  Qualification Test score that falls within Category II or higher
  526  on the Armed Services Vocational Aptitude Battery and earned a
  527  minimum of two credits in Junior Reserve Officers’ Training
  528  Corps courses from the same branch of the United States Armed
  529  Forces.
  530         (4) SCHOOL REPORT CARD.—The Department of Education shall
  531  annually develop, in collaboration with the school districts and
  532  private schools, a school report card to be provided by the
  533  school district or private school, as applicable, to parents
  534  within the district. The report card shall include the school’s
  535  grade; student performance in English Language Arts,
  536  mathematics, science, and social studies; information regarding
  537  school improvement; an explanation of school performance as
  538  evaluated by the federal Elementary and Secondary Education Act
  539  (ESEA), 20 U.S.C. ss. 6301 et seq.; and indicators of return on
  540  investment. Each school’s report card shall be published
  541  annually by the department on its website based upon the most
  542  recent data available.
  543         Section 5. Paragraph (e) of subsection (2) of section
  544  1013.385, Florida Statutes, is amended to read:
  545         1013.385 School district construction flexibility.—
  546         (2) A resolution adopted under this section may propose
  547  implementation of exceptions to requirements of the uniform
  548  statewide building code for the planning and construction of
  549  public educational and ancillary plants adopted pursuant to ss.
  550  553.73 and 1013.37 relating to:
  551         (e) Any other provisions that limit the ability of a school
  552  to operate in a facility on the same basis as a charter school
  553  pursuant to s. 1002.33(18) so long as the regional planning
  554  council determines that there is sufficient shelter capacity
  555  within the school district as documented in the Statewide
  556  Emergency Shelter Plan.
  557         Section 6. For the purpose of incorporating the amendment
  558  made by this act to section 1002.33, Florida Statutes, in a
  559  reference thereto, paragraph (h) of subsection (6) of section
  560  163.3180, Florida Statutes, is reenacted to read:
  561         163.3180 Concurrency.—
  562         (6)
  563         (h)1. In order to limit the liability of local governments,
  564  a local government may allow a landowner to proceed with
  565  development of a specific parcel of land notwithstanding a
  566  failure of the development to satisfy school concurrency, if all
  567  the following factors are shown to exist:
  568         a. The proposed development would be consistent with the
  569  future land use designation for the specific property and with
  570  pertinent portions of the adopted local plan, as determined by
  571  the local government.
  572         b. The local government’s capital improvements element and
  573  the school board’s educational facilities plan provide for
  574  school facilities adequate to serve the proposed development,
  575  and the local government or school board has not implemented
  576  that element or the project includes a plan that demonstrates
  577  that the capital facilities needed as a result of the project
  578  can be reasonably provided.
  579         c. The local government and school board have provided a
  580  means by which the landowner will be assessed a proportionate
  581  share of the cost of providing the school facilities necessary
  582  to serve the proposed development.
  583         2. If a local government applies school concurrency, it may
  584  not deny an application for site plan, final subdivision
  585  approval, or the functional equivalent for a development or
  586  phase of a development authorizing residential development for
  587  failure to achieve and maintain the level-of-service standard
  588  for public school capacity in a local school concurrency
  589  management system where adequate school facilities will be in
  590  place or under actual construction within 3 years after the
  591  issuance of final subdivision or site plan approval, or the
  592  functional equivalent. School concurrency is satisfied if the
  593  developer executes a legally binding commitment to provide
  594  mitigation proportionate to the demand for public school
  595  facilities to be created by actual development of the property,
  596  including, but not limited to, the options described in sub
  597  subparagraph a. Options for proportionate-share mitigation of
  598  impacts on public school facilities must be established in the
  599  comprehensive plan and the interlocal agreement pursuant to s.
  600  163.31777.
  601         a. Appropriate mitigation options include the contribution
  602  of land; the construction, expansion, or payment for land
  603  acquisition or construction of a public school facility; the
  604  construction of a charter school that complies with the
  605  requirements of s. 1002.33(18); or the creation of mitigation
  606  banking based on the construction of a public school facility in
  607  exchange for the right to sell capacity credits. Such options
  608  must include execution by the applicant and the local government
  609  of a development agreement that constitutes a legally binding
  610  commitment to pay proportionate-share mitigation for the
  611  additional residential units approved by the local government in
  612  a development order and actually developed on the property,
  613  taking into account residential density allowed on the property
  614  prior to the plan amendment that increased the overall
  615  residential density. The district school board must be a party
  616  to such an agreement. As a condition of its entry into such a
  617  development agreement, the local government may require the
  618  landowner to agree to continuing renewal of the agreement upon
  619  its expiration.
  620         b. If the interlocal agreement and the local government
  621  comprehensive plan authorize a contribution of land; the
  622  construction, expansion, or payment for land acquisition; the
  623  construction or expansion of a public school facility, or a
  624  portion thereof; or the construction of a charter school that
  625  complies with the requirements of s. 1002.33(18), as
  626  proportionate-share mitigation, the local government shall
  627  credit such a contribution, construction, expansion, or payment
  628  toward any other impact fee or exaction imposed by local
  629  ordinance for public educational facilities, on a dollar-for
  630  dollar basis at fair market value. The credit must be based on
  631  the total impact fee assessed and not on the impact fee for any
  632  particular type of school.
  633         c. Any proportionate-share mitigation must be directed by
  634  the school board toward a school capacity improvement identified
  635  in the 5-year school board educational facilities plan that
  636  satisfies the demands created by the development in accordance
  637  with a binding developer’s agreement.
  638         3. This paragraph does not limit the authority of a local
  639  government to deny a development permit or its functional
  640  equivalent pursuant to its home rule regulatory powers, except
  641  as provided in this part.
  642         Section 7. For the purpose of incorporating the amendment
  643  made by this act to section 1002.33, Florida Statutes, in a
  644  reference thereto, paragraph (c) of subsection (9) of section
  645  1002.32, Florida Statutes, is reenacted to read:
  646         1002.32 Developmental research (laboratory) schools.—
  647         (9) FUNDING.—Funding for a lab school, including a charter
  648  lab school, shall be provided as follows:
  649         (c) All operating funds provided under this section shall
  650  be deposited in a Lab School Trust Fund and shall be expended
  651  for the purposes of this section. The university assigned a lab
  652  school shall be the fiscal agent for these funds, and all rules
  653  of the university governing the budgeting and expenditure of
  654  state funds shall apply to these funds unless otherwise provided
  655  by law or rule of the State Board of Education. The university
  656  board of trustees shall be the public employer of lab school
  657  personnel for collective bargaining purposes for lab schools in
  658  operation prior to the 2002-2003 fiscal year. Employees of
  659  charter lab schools authorized prior to June 1, 2003, but not in
  660  operation prior to the 2002-2003 fiscal year shall be employees
  661  of the entity holding the charter and must comply with the
  662  provisions of s. 1002.33(12).
  663         Section 8. For the purpose of incorporating the amendment
  664  made by this act to section 1002.33, Florida Statutes, in a
  665  reference thereto, paragraph (a) of subsection (1) of section
  666  1002.345, Florida Statutes, is reenacted to read:
  667         1002.345 Determination of deteriorating financial
  668  conditions and financial emergencies for charter schools and
  669  charter technical career centers.—This section applies to
  670  charter schools operating pursuant to s. 1002.33 and to charter
  671  technical career centers operating pursuant to s. 1002.34.
  672         (1) EXPEDITED REVIEW; REQUIREMENTS.—
  673         (a) A charter school or a charter technical career center
  674  is subject to an expedited review by the sponsor if one of the
  675  following occurs:
  676         1. Failure to provide for an audit required by s. 218.39.
  677         2. Failure to comply with reporting requirements pursuant
  678  to s. 1002.33(9) or s. 1002.34(11)(f) or (14).
  679         3. A deteriorating financial condition identified through
  680  an annual audit pursuant to s. 218.39(5), a monthly financial
  681  statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or
  682  a quarterly financial statement pursuant to s. 1002.331(2)(c).
  683  “Deteriorating financial condition” means a circumstance that
  684  significantly impairs the ability of a charter school or a
  685  charter technical career center to generate enough revenues to
  686  meet its expenditures without causing the occurrence of a
  687  condition described in s. 218.503(1).
  688         4. Notification pursuant to s. 218.503(2) that one or more
  689  of the conditions specified in s. 218.503(1) have occurred or
  690  will occur if action is not taken to assist the charter school
  691  or charter technical career center.
  692         Section 9. For the purpose of incorporating the amendment
  693  made by this act to section 1002.42, Florida Statutes, in a
  694  reference thereto, paragraph (g) of subsection (2) of section
  695  1002.385, Florida Statutes, is reenacted to read:
  696         1002.385 The Gardiner Scholarship.—
  697         (2) DEFINITIONS.—As used in this section, the term:
  698         (g) “Eligible private school” means a private school, as
  699  defined in s. 1002.01, which is located in this state, which
  700  offers an education to students in any grade from kindergarten
  701  to grade 12, and which meets the requirements of:
  702         1. Sections 1002.42 and 1002.421; and
  703         2. A scholarship program under s. 1002.39 or s. 1002.395,
  704  as applicable, if the private school participates in a
  705  scholarship program under s. 1002.39 or s. 1002.395.
  706         Section 10. For the purpose of incorporating the amendment
  707  made by this act to section 1002.42, Florida Statutes, in a
  708  reference thereto, subsection (1) of section 1002.421, Florida
  709  Statutes, is reenacted to read:
  710         1002.421 State school choice scholarship program
  711  accountability and oversight.—
  712         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  713  school participating in an educational scholarship program
  714  established pursuant to this chapter must be a private school as
  715  defined in s. 1002.01(2) in this state, be registered, and be in
  716  compliance with all requirements of this section in addition to
  717  private school requirements outlined in s. 1002.42, specific
  718  requirements identified within respective scholarship program
  719  laws, and other provisions of Florida law that apply to private
  720  schools, and must:
  721         (a) Comply with the antidiscrimination provisions of 42
  722  U.S.C. s. 2000d.
  723         (b) Notify the department of its intent to participate in a
  724  scholarship program.
  725         (c) Notify the department of any change in the school’s
  726  name, school director, mailing address, or physical location
  727  within 15 days after the change.
  728         (d) Provide to the department or scholarship-funding
  729  organization all documentation required for a student’s
  730  participation, including the private school’s and student’s
  731  individual fee schedule, and attendance verification as required
  732  by the department or scholarship-funding organization, prior to
  733  scholarship payment.
  734         (e) Annually complete and submit to the department a
  735  notarized scholarship compliance statement certifying that all
  736  school employees and contracted personnel with direct student
  737  contact have undergone background screening pursuant to s.
  738  943.0542 and have met the screening standards as provided in s.
  739  435.04.
  740         (f) Demonstrate fiscal soundness and accountability by:
  741         1. Being in operation for at least 3 school years or
  742  obtaining a surety bond or letter of credit for the amount equal
  743  to the scholarship funds for any quarter and filing the surety
  744  bond or letter of credit with the department.
  745         2. Requiring the parent of each scholarship student to
  746  personally restrictively endorse the scholarship warrant to the
  747  school or to approve a funds transfer before any funds are
  748  deposited for a student. The school may not act as attorney in
  749  fact for the parent of a scholarship student under the authority
  750  of a power of attorney executed by such parent, or under any
  751  other authority, to endorse a scholarship warrant or approve a
  752  funds transfer on behalf of such parent.
  753         (g) Meet applicable state and local health, safety, and
  754  welfare laws, codes, and rules, including:
  755         1. Firesafety.
  756         2. Building safety.
  757         (h) Employ or contract with teachers who hold baccalaureate
  758  or higher degrees, have at least 3 years of teaching experience
  759  in public or private schools, or have special skills, knowledge,
  760  or expertise that qualifies them to provide instruction in
  761  subjects taught.
  762         (i) Maintain a physical location in the state at which each
  763  student has regular and direct contact with teachers.
  764         (j) Publish on the school’s website, or provide in a
  765  written format, information for parents regarding the school,
  766  including, but not limited to, programs, services, and the
  767  qualifications of classroom teachers.
  768         (k) At a minimum, provide the parent of each scholarship
  769  student with a written explanation of the student’s progress on
  770  a quarterly basis.
  771         (l) Cooperate with a student whose parent chooses to
  772  participate in the statewide assessments pursuant to s. 1008.22.
  773         (m) Require each employee and contracted personnel with
  774  direct student contact, upon employment or engagement to provide
  775  services, to undergo a state and national background screening,
  776  pursuant to s. 943.0542, by electronically filing with the
  777  Department of Law Enforcement a complete set of fingerprints
  778  taken by an authorized law enforcement agency or an employee of
  779  the private school, a school district, or a private company who
  780  is trained to take fingerprints and deny employment to or
  781  terminate an employee if he or she fails to meet the screening
  782  standards under s. 435.04. Results of the screening shall be
  783  provided to the participating private school. For purposes of
  784  this paragraph:
  785         1. An “employee or contracted personnel with direct student
  786  contact” means any employee or contracted personnel who has
  787  unsupervised access to a scholarship student for whom the
  788  private school is responsible.
  789         2. The costs of fingerprinting and the background check
  790  shall not be borne by the state.
  791         3. Continued employment of an employee or contracted
  792  personnel after notification that he or she has failed the
  793  background screening under this paragraph shall cause a private
  794  school to be ineligible for participation in a scholarship
  795  program.
  796         4. An employee or contracted personnel holding a valid
  797  Florida teaching certificate who has been fingerprinted pursuant
  798  to s. 1012.32 is not required to comply with the provisions of
  799  this paragraph.
  800         5. All fingerprints submitted to the Department of Law
  801  Enforcement as required by this section shall be retained by the
  802  Department of Law Enforcement in a manner provided by rule and
  803  entered in the statewide automated biometric identification
  804  system authorized by s. 943.05(2)(b). Such fingerprints shall
  805  thereafter be available for all purposes and uses authorized for
  806  arrest fingerprints entered in the statewide automated biometric
  807  identification system pursuant to s. 943.051.
  808         6. The Department of Law Enforcement shall search all
  809  arrest fingerprints received under s. 943.051 against the
  810  fingerprints retained in the statewide automated biometric
  811  identification system under subparagraph 5. Any arrest record
  812  that is identified with the retained fingerprints of a person
  813  subject to the background screening under this section shall be
  814  reported to the employing school with which the person is
  815  affiliated. Each private school participating in a scholarship
  816  program is required to participate in this search process by
  817  informing the Department of Law Enforcement of any change in the
  818  employment or contractual status of its personnel whose
  819  fingerprints are retained under subparagraph 5. The Department
  820  of Law Enforcement shall adopt a rule setting the amount of the
  821  annual fee to be imposed upon each private school for performing
  822  these searches and establishing the procedures for the retention
  823  of private school employee and contracted personnel fingerprints
  824  and the dissemination of search results. The fee may be borne by
  825  the private school or the person fingerprinted.
  826         7. Employees and contracted personnel whose fingerprints
  827  are not retained by the Department of Law Enforcement under
  828  subparagraphs 5. and 6. are required to be refingerprinted and
  829  must meet state and national background screening requirements
  830  upon reemployment or reengagement to provide services in order
  831  to comply with the requirements of this section.
  832         8. Every 5 years following employment or engagement to
  833  provide services with a private school, employees or contracted
  834  personnel required to be screened under this section must meet
  835  screening standards under s. 435.04, at which time the private
  836  school shall request the Department of Law Enforcement to
  837  forward the fingerprints to the Federal Bureau of Investigation
  838  for national processing. If the fingerprints of employees or
  839  contracted personnel are not retained by the Department of Law
  840  Enforcement under subparagraph 5., employees and contracted
  841  personnel must electronically file a complete set of
  842  fingerprints with the Department of Law Enforcement. Upon
  843  submission of fingerprints for this purpose, the private school
  844  shall request that the Department of Law Enforcement forward the
  845  fingerprints to the Federal Bureau of Investigation for national
  846  processing, and the fingerprints shall be retained by the
  847  Department of Law Enforcement under subparagraph 5.
  848         (n) Adopt policies establishing standards of ethical
  849  conduct for instructional personnel and school administrators.
  850  The policies must require all instructional personnel and school
  851  administrators, as defined in s. 1012.01, to complete training
  852  on the standards; establish the duty of instructional personnel
  853  and school administrators to report, and procedures for
  854  reporting, alleged misconduct by other instructional personnel
  855  and school administrators which affects the health, safety, or
  856  welfare of a student; and include an explanation of the
  857  liability protections provided under ss. 39.203 and 768.095. A
  858  private school, or any of its employees, may not enter into a
  859  confidentiality agreement regarding terminated or dismissed
  860  instructional personnel or school administrators, or personnel
  861  or administrators who resign in lieu of termination, based in
  862  whole or in part on misconduct that affects the health, safety,
  863  or welfare of a student, and may not provide the instructional
  864  personnel or school administrators with employment references or
  865  discuss the personnel’s or administrators’ performance with
  866  prospective employers in another educational setting, without
  867  disclosing the personnel’s or administrators’ misconduct. Any
  868  part of an agreement or contract that has the purpose or effect
  869  of concealing misconduct by instructional personnel or school
  870  administrators which affects the health, safety, or welfare of a
  871  student is void, is contrary to public policy, and may not be
  872  enforced.
  873         (o) Before employing instructional personnel or school
  874  administrators in any position that requires direct contact with
  875  students, conduct employment history checks of each of the
  876  personnel’s or administrators’ previous employers, screen the
  877  personnel or administrators through use of the educator
  878  screening tools described in s. 1001.10(5), and document the
  879  findings. If unable to contact a previous employer, the private
  880  school must document efforts to contact the employer.
  881         (p) Require each owner or operator of the private school,
  882  prior to employment or engagement to provide services, to
  883  undergo level 2 background screening as provided under chapter
  884  435. For purposes of this paragraph, the term “owner or
  885  operator” means an owner, operator, superintendent, or principal
  886  of, or a person with equivalent decisionmaking authority over, a
  887  private school participating in a scholarship program
  888  established pursuant to this chapter. The fingerprints for the
  889  background screening must be electronically submitted to the
  890  Department of Law Enforcement and may be taken by an authorized
  891  law enforcement agency or a private company who is trained to
  892  take fingerprints. However, the complete set of fingerprints of
  893  an owner or operator may not be taken by the owner or operator.
  894  The owner or operator shall provide a copy of the results of the
  895  state and national criminal history check to the Department of
  896  Education. The cost of the background screening may be borne by
  897  the owner or operator.
  898         1. Every 5 years following employment or engagement to
  899  provide services, each owner or operator must meet level 2
  900  screening standards as described in s. 435.04, at which time the
  901  owner or operator shall request the Department of Law
  902  Enforcement to forward the fingerprints to the Federal Bureau of
  903  Investigation for level 2 screening. If the fingerprints of an
  904  owner or operator are not retained by the Department of Law
  905  Enforcement under subparagraph 2., the owner or operator must
  906  electronically file a complete set of fingerprints with the
  907  Department of Law Enforcement. Upon submission of fingerprints
  908  for this purpose, the owner or operator shall request that the
  909  Department of Law Enforcement forward the fingerprints to the
  910  Federal Bureau of Investigation for level 2 screening, and the
  911  fingerprints shall be retained by the Department of Law
  912  Enforcement under subparagraph 2.
  913         2. Fingerprints submitted to the Department of Law
  914  Enforcement as required by this paragraph must be retained by
  915  the Department of Law Enforcement in a manner approved by rule
  916  and entered in the statewide automated biometric identification
  917  system authorized by s. 943.05(2)(b). The fingerprints must
  918  thereafter be available for all purposes and uses authorized for
  919  arrest fingerprints entered in the statewide automated biometric
  920  identification system pursuant to s. 943.051.
  921         3. The Department of Law Enforcement shall search all
  922  arrest fingerprints received under s. 943.051 against the
  923  fingerprints retained in the statewide automated biometric
  924  identification system under subparagraph 2. Any arrest record
  925  that is identified with an owner’s or operator’s fingerprints
  926  must be reported to the owner or operator, who must report to
  927  the Department of Education. Any costs associated with the
  928  search shall be borne by the owner or operator.
  929         4. An owner or operator who fails the level 2 background
  930  screening is not eligible to participate in a scholarship
  931  program under this chapter.
  932         5. In addition to the offenses listed in s. 435.04, a
  933  person required to undergo background screening pursuant to this
  934  part or authorizing statutes may not have an arrest awaiting
  935  final disposition for, must not have been found guilty of, or
  936  entered a plea of nolo contendere to, regardless of
  937  adjudication, and must not have been adjudicated delinquent for,
  938  and the record must not have been sealed or expunged for, any of
  939  the following offenses or any similar offense of another
  940  jurisdiction:
  941         a. Any authorizing statutes, if the offense was a felony.
  942         b. This chapter, if the offense was a felony.
  943         c. Section 409.920, relating to Medicaid provider fraud.
  944         d. Section 409.9201, relating to Medicaid fraud.
  945         e. Section 741.28, relating to domestic violence.
  946         f. Section 817.034, relating to fraudulent acts through
  947  mail, wire, radio, electromagnetic, photoelectronic, or
  948  photooptical systems.
  949         g. Section 817.234, relating to false and fraudulent
  950  insurance claims.
  951         h. Section 817.505, relating to patient brokering.
  952         i. Section 817.568, relating to criminal use of personal
  953  identification information.
  954         j. Section 817.60, relating to obtaining a credit card
  955  through fraudulent means.
  956         k. Section 817.61, relating to fraudulent use of credit
  957  cards, if the offense was a felony.
  958         l. Section 831.01, relating to forgery.
  959         m. Section 831.02, relating to uttering forged instruments.
  960         n. Section 831.07, relating to forging bank bills, checks,
  961  drafts, or promissory notes.
  962         o. Section 831.09, relating to uttering forged bank bills,
  963  checks, drafts, or promissory notes.
  964         p. Section 831.30, relating to fraud in obtaining medicinal
  965  drugs.
  966         q. Section 831.31, relating to the sale, manufacture,
  967  delivery, or possession with the intent to sell, manufacture, or
  968  deliver any counterfeit controlled substance, if the offense was
  969  a felony.
  970         6. At least 30 calendar days before a transfer of ownership
  971  of a private school, the owner or operator shall notify the
  972  parent of each scholarship student.
  973         7. The owner or operator of a private school that has been
  974  deemed ineligible to participate in a scholarship program
  975  pursuant to this chapter may not transfer ownership or
  976  management authority of the school to a relative in order to
  977  participate in a scholarship program as the same school or a new
  978  school. For purposes of this subparagraph, the term “relative”
  979  means father, mother, son, daughter, grandfather, grandmother,
  980  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  981  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  982  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  983  stepdaughter, stepbrother, stepsister, half-brother, or half
  984  sister.
  985         (q) Provide a report from an independent certified public
  986  accountant who performs the agreed-upon procedures developed
  987  pursuant to s. 1002.395(6)(o) if the private school receives
  988  more than $250,000 in funds from scholarships awarded under this
  989  chapter in a state fiscal year. A private school subject to this
  990  subsection must annually submit the report by September 15 to
  991  the scholarship-funding organization that awarded the majority
  992  of the school’s scholarship funds. However, a school that
  993  receives more than $250,000 in scholarship funds only through
  994  the John M. McKay Scholarship for Students with Disabilities
  995  Program pursuant to s. 1002.39 must submit the annual report by
  996  September 15 to the department. The agreed-upon procedures must
  997  be conducted in accordance with attestation standards
  998  established by the American Institute of Certified Public
  999  Accountants.
 1000  
 1001  The department shall suspend the payment of funds to a private
 1002  school that knowingly fails to comply with this subsection, and
 1003  shall prohibit the school from enrolling new scholarship
 1004  students, for 1 fiscal year and until the school complies. If a
 1005  private school fails to meet the requirements of this subsection
 1006  or has consecutive years of material exceptions listed in the
 1007  report required under paragraph (q), the commissioner may
 1008  determine that the private school is ineligible to participate
 1009  in a scholarship program.
 1010         Section 11. For the purpose of incorporating the amendment
 1011  made by this act to section 1002.42, Florida Statutes, in a
 1012  reference thereto, subsection (2) of section 1007.271, Florida
 1013  Statutes, is reenacted to read:
 1014         1007.271 Dual enrollment programs.—
 1015         (2) For the purpose of this section, an eligible secondary
 1016  student is a student who is enrolled in any of grades 6 through
 1017  12 in a Florida public school or in a Florida private school
 1018  that is in compliance with s. 1002.42(2) and provides a
 1019  secondary curriculum pursuant to s. 1003.4282. Students who are
 1020  eligible for dual enrollment pursuant to this section may enroll
 1021  in dual enrollment courses conducted during school hours, after
 1022  school hours, and during the summer term. However, if the
 1023  student is projected to graduate from high school before the
 1024  scheduled completion date of a postsecondary course, the student
 1025  may not register for that course through dual enrollment. The
 1026  student may apply to the postsecondary institution and pay the
 1027  required registration, tuition, and fees if the student meets
 1028  the postsecondary institution’s admissions requirements under s.
 1029  1007.263. Instructional time for dual enrollment may vary from
 1030  900 hours; however, the full-time equivalent student membership
 1031  value shall be subject to the provisions in s. 1011.61(4). A
 1032  student enrolled as a dual enrollment student is exempt from the
 1033  payment of registration, tuition, and laboratory fees. Applied
 1034  academics for adult education instruction, developmental
 1035  education, and other forms of precollegiate instruction, as well
 1036  as physical education courses that focus on the physical
 1037  execution of a skill rather than the intellectual attributes of
 1038  the activity, are ineligible for inclusion in the dual
 1039  enrollment program. Recreation and leisure studies courses shall
 1040  be evaluated individually in the same manner as physical
 1041  education courses for potential inclusion in the program.
 1042         Section 12. This act shall take effect July 1, 2021.

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