Bill Text: FL S0632 | 2020 | Regular Session | Introduced


Bill Title: Education

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-14 - Introduced [S0632 Detail]

Download: Florida-2020-S0632-Introduced.html
       Florida Senate - 2020                                     SB 632
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00707-20                                            2020632__
    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 the Department of Education requires in a
   12         specified database relating to private schools;
   13         requiring private schools to provide specified
   14         students with a certain amount of time for recess;
   15         requiring private school students to participate in
   16         the statewide assessment program; requiring private
   17         schools to establish curricula that comply with
   18         specified standards; requiring teachers employed by or
   19         working under contract with private schools to meet
   20         specified requirements; requiring private schools to
   21         comply with the State Requirements for Educational
   22         Facilities of the Florida Building Code; providing for
   23         injunctive relief under certain circumstances;
   24         authorizing attorney fees and costs; amending s.
   25         1003.455, F.S.; deleting an exception relating to
   26         charter schools’ compliance with a specified
   27         provision; amending s. 1008.34, F.S.; requiring
   28         private schools to be graded according to specified
   29         rules; requiring private schools to assess at least 95
   30         percent of eligible students; deleting obsolete
   31         language; requiring the department to annually
   32         develop, in collaboration with private schools, a
   33         school report card that private schools would provide
   34         to parents; amending s. 1013.385, F.S.; conforming a
   35         provision to 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 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 complies with the
  362  standards set 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 rules
  498  adopted by the State Board of Education.
  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, or Advanced International
  517  Certificate of Education examinations; or who, at any time
  518  during high school, earned national industry certification
  519  identified in the CAPE Industry Certification Funding List,
  520  pursuant to rules adopted by the state board.
  521         (4) SCHOOL REPORT CARD.—The Department of Education shall
  522  annually develop, in collaboration with the school districts and
  523  private schools, a school report card to be provided by the
  524  school district or private school, as applicable, to parents
  525  within the district. The report card shall include the school’s
  526  grade; student performance in English Language Arts,
  527  mathematics, science, and social studies; information regarding
  528  school improvement; an explanation of school performance as
  529  evaluated by the federal Elementary and Secondary Education Act
  530  (ESEA), 20 U.S.C. ss. 6301 et seq.; and indicators of return on
  531  investment. Each school’s report card shall be published
  532  annually by the department on its website based upon the most
  533  recent data available.
  534         Section 5. Paragraph (e) of subsection (2) of section
  535  1013.385, Florida Statutes, is amended to read:
  536         1013.385 School district construction flexibility.—
  537         (2) A resolution adopted under this section may propose
  538  implementation of exceptions to requirements of the uniform
  539  statewide building code for the planning and construction of
  540  public educational and ancillary plants adopted pursuant to ss.
  541  553.73 and 1013.37 relating to:
  542         (e) Any other provisions that limit the ability of a school
  543  to operate in a facility on the same basis as a charter school
  544  pursuant to s. 1002.33(18) so long as the regional planning
  545  council determines that there is sufficient shelter capacity
  546  within the school district as documented in the Statewide
  547  Emergency Shelter Plan.
  548         Section 6. For the purpose of incorporating the amendment
  549  made by this act to section 1002.33, Florida Statutes, in a
  550  reference thereto, paragraph (h) of subsection (6) of section
  551  163.3180, Florida Statutes, is reenacted to read:
  552         163.3180 Concurrency.—
  553         (6)
  554         (h)1. In order to limit the liability of local governments,
  555  a local government may allow a landowner to proceed with
  556  development of a specific parcel of land notwithstanding a
  557  failure of the development to satisfy school concurrency, if all
  558  the following factors are shown to exist:
  559         a. The proposed development would be consistent with the
  560  future land use designation for the specific property and with
  561  pertinent portions of the adopted local plan, as determined by
  562  the local government.
  563         b. The local government’s capital improvements element and
  564  the school board’s educational facilities plan provide for
  565  school facilities adequate to serve the proposed development,
  566  and the local government or school board has not implemented
  567  that element or the project includes a plan that demonstrates
  568  that the capital facilities needed as a result of the project
  569  can be reasonably provided.
  570         c. The local government and school board have provided a
  571  means by which the landowner will be assessed a proportionate
  572  share of the cost of providing the school facilities necessary
  573  to serve the proposed development.
  574         2. If a local government applies school concurrency, it may
  575  not deny an application for site plan, final subdivision
  576  approval, or the functional equivalent for a development or
  577  phase of a development authorizing residential development for
  578  failure to achieve and maintain the level-of-service standard
  579  for public school capacity in a local school concurrency
  580  management system where adequate school facilities will be in
  581  place or under actual construction within 3 years after the
  582  issuance of final subdivision or site plan approval, or the
  583  functional equivalent. School concurrency is satisfied if the
  584  developer executes a legally binding commitment to provide
  585  mitigation proportionate to the demand for public school
  586  facilities to be created by actual development of the property,
  587  including, but not limited to, the options described in sub
  588  subparagraph a. Options for proportionate-share mitigation of
  589  impacts on public school facilities must be established in the
  590  comprehensive plan and the interlocal agreement pursuant to s.
  591  163.31777.
  592         a. Appropriate mitigation options include the contribution
  593  of land; the construction, expansion, or payment for land
  594  acquisition or construction of a public school facility; the
  595  construction of a charter school that complies with the
  596  requirements of s. 1002.33(18); or the creation of mitigation
  597  banking based on the construction of a public school facility in
  598  exchange for the right to sell capacity credits. Such options
  599  must include execution by the applicant and the local government
  600  of a development agreement that constitutes a legally binding
  601  commitment to pay proportionate-share mitigation for the
  602  additional residential units approved by the local government in
  603  a development order and actually developed on the property,
  604  taking into account residential density allowed on the property
  605  prior to the plan amendment that increased the overall
  606  residential density. The district school board must be a party
  607  to such an agreement. As a condition of its entry into such a
  608  development agreement, the local government may require the
  609  landowner to agree to continuing renewal of the agreement upon
  610  its expiration.
  611         b. If the interlocal agreement and the local government
  612  comprehensive plan authorize a contribution of land; the
  613  construction, expansion, or payment for land acquisition; the
  614  construction or expansion of a public school facility, or a
  615  portion thereof; or the construction of a charter school that
  616  complies with the requirements of s. 1002.33(18), as
  617  proportionate-share mitigation, the local government shall
  618  credit such a contribution, construction, expansion, or payment
  619  toward any other impact fee or exaction imposed by local
  620  ordinance for public educational facilities, on a dollar-for
  621  dollar basis at fair market value. The credit must be based on
  622  the total impact fee assessed and not on the impact fee for any
  623  particular type of school.
  624         c. Any proportionate-share mitigation must be directed by
  625  the school board toward a school capacity improvement identified
  626  in the 5-year school board educational facilities plan that
  627  satisfies the demands created by the development in accordance
  628  with a binding developer’s agreement.
  629         3. This paragraph does not limit the authority of a local
  630  government to deny a development permit or its functional
  631  equivalent pursuant to its home rule regulatory powers, except
  632  as provided in this part.
  633         Section 7. For the purpose of incorporating the amendment
  634  made by this act to section 1002.33, Florida Statutes, in a
  635  reference thereto, paragraph (c) of subsection (9) of section
  636  1002.32, Florida Statutes, is reenacted to read:
  637         1002.32 Developmental research (laboratory) schools.—
  638         (9) FUNDING.—Funding for a lab school, including a charter
  639  lab school, shall be provided as follows:
  640         (c) All operating funds provided under this section shall
  641  be deposited in a Lab School Trust Fund and shall be expended
  642  for the purposes of this section. The university assigned a lab
  643  school shall be the fiscal agent for these funds, and all rules
  644  of the university governing the budgeting and expenditure of
  645  state funds shall apply to these funds unless otherwise provided
  646  by law or rule of the State Board of Education. The university
  647  board of trustees shall be the public employer of lab school
  648  personnel for collective bargaining purposes for lab schools in
  649  operation prior to the 2002-2003 fiscal year. Employees of
  650  charter lab schools authorized prior to June 1, 2003, but not in
  651  operation prior to the 2002-2003 fiscal year shall be employees
  652  of the entity holding the charter and must comply with the
  653  provisions of s. 1002.33(12).
  654         Section 8. For the purpose of incorporating the amendment
  655  made by this act to section 1002.33, Florida Statutes, in a
  656  reference thereto, paragraph (a) of subsection (1) of section
  657  1002.345, Florida Statutes, is reenacted to read:
  658         1002.345 Determination of deteriorating financial
  659  conditions and financial emergencies for charter schools and
  660  charter technical career centers.—This section applies to
  661  charter schools operating pursuant to s. 1002.33 and to charter
  662  technical career centers operating pursuant to s. 1002.34.
  663         (1) EXPEDITED REVIEW; REQUIREMENTS.—
  664         (a) A charter school or a charter technical career center
  665  is subject to an expedited review by the sponsor if one of the
  666  following occurs:
  667         1. Failure to provide for an audit required by s. 218.39.
  668         2. Failure to comply with reporting requirements pursuant
  669  to s. 1002.33(9) or s. 1002.34(11)(f) or (14).
  670         3. A deteriorating financial condition identified through
  671  an annual audit pursuant to s. 218.39(5), a monthly financial
  672  statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or
  673  a quarterly financial statement pursuant to s. 1002.331(2)(c).
  674  “Deteriorating financial condition” means a circumstance that
  675  significantly impairs the ability of a charter school or a
  676  charter technical career center to generate enough revenues to
  677  meet its expenditures without causing the occurrence of a
  678  condition described in s. 218.503(1).
  679         4. Notification pursuant to s. 218.503(2) that one or more
  680  of the conditions specified in s. 218.503(1) have occurred or
  681  will occur if action is not taken to assist the charter school
  682  or charter technical career center.
  683         Section 9. For the purpose of incorporating the amendment
  684  made by this act to section 1002.42, Florida Statutes, in a
  685  reference thereto, paragraph (g) of subsection (2) of section
  686  1002.385, Florida Statutes, is reenacted to read:
  687         1002.385 The Gardiner Scholarship.—
  688         (2) DEFINITIONS.—As used in this section, the term:
  689         (g) “Eligible private school” means a private school, as
  690  defined in s. 1002.01, which is located in this state, which
  691  offers an education to students in any grade from kindergarten
  692  to grade 12, and which meets the requirements of:
  693         1. Sections 1002.42 and 1002.421; and
  694         2. A scholarship program under s. 1002.39 or s. 1002.395,
  695  as applicable, if the private school participates in a
  696  scholarship program under s. 1002.39 or s. 1002.395.
  697         Section 10. For the purpose of incorporating the amendment
  698  made by this act to section 1002.42, Florida Statutes, in a
  699  reference thereto, subsection (1) of section 1002.421, Florida
  700  Statutes, is reenacted to read:
  701         1002.421 State school choice scholarship program
  702  accountability and oversight.—
  703         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  704  school participating in an educational scholarship program
  705  established pursuant to this chapter must be a private school as
  706  defined in s. 1002.01(2) in this state, be registered, and be in
  707  compliance with all requirements of this section in addition to
  708  private school requirements outlined in s. 1002.42, specific
  709  requirements identified within respective scholarship program
  710  laws, and other provisions of Florida law that apply to private
  711  schools, and must:
  712         (a) Comply with the antidiscrimination provisions of 42
  713  U.S.C. s. 2000d.
  714         (b) Notify the department of its intent to participate in a
  715  scholarship program.
  716         (c) Notify the department of any change in the school’s
  717  name, school director, mailing address, or physical location
  718  within 15 days after the change.
  719         (d) Provide to the department or scholarship-funding
  720  organization all documentation required for a student’s
  721  participation, including the private school’s and student’s
  722  individual fee schedule, and attendance verification as required
  723  by the department or scholarship-funding organization, prior to
  724  scholarship payment.
  725         (e) Annually complete and submit to the department a
  726  notarized scholarship compliance statement certifying that all
  727  school employees and contracted personnel with direct student
  728  contact have undergone background screening pursuant to s.
  729  943.0542 and have met the screening standards as provided in s.
  730  435.04.
  731         (f) Demonstrate fiscal soundness and accountability by:
  732         1. Being in operation for at least 3 school years or
  733  obtaining a surety bond or letter of credit for the amount equal
  734  to the scholarship funds for any quarter and filing the surety
  735  bond or letter of credit with the department.
  736         2. Requiring the parent of each scholarship student to
  737  personally restrictively endorse the scholarship warrant to the
  738  school or to approve a funds transfer before any funds are
  739  deposited for a student. The school may not act as attorney in
  740  fact for the parent of a scholarship student under the authority
  741  of a power of attorney executed by such parent, or under any
  742  other authority, to endorse a scholarship warrant or approve a
  743  funds transfer on behalf of such parent.
  744         (g) Meet applicable state and local health, safety, and
  745  welfare laws, codes, and rules, including:
  746         1. Firesafety.
  747         2. Building safety.
  748         (h) Employ or contract with teachers who hold baccalaureate
  749  or higher degrees, have at least 3 years of teaching experience
  750  in public or private schools, or have special skills, knowledge,
  751  or expertise that qualifies them to provide instruction in
  752  subjects taught.
  753         (i) Maintain a physical location in the state at which each
  754  student has regular and direct contact with teachers.
  755         (j) Publish on the school’s website, or provide in a
  756  written format, information for parents regarding the school,
  757  including, but not limited to, programs, services, and the
  758  qualifications of classroom teachers.
  759         (k) At a minimum, provide the parent of each scholarship
  760  student with a written explanation of the student’s progress on
  761  a quarterly basis.
  762         (l) Cooperate with a student whose parent chooses to
  763  participate in the statewide assessments pursuant to s. 1008.22.
  764         (m) Require each employee and contracted personnel with
  765  direct student contact, upon employment or engagement to provide
  766  services, to undergo a state and national background screening,
  767  pursuant to s. 943.0542, by electronically filing with the
  768  Department of Law Enforcement a complete set of fingerprints
  769  taken by an authorized law enforcement agency or an employee of
  770  the private school, a school district, or a private company who
  771  is trained to take fingerprints and deny employment to or
  772  terminate an employee if he or she fails to meet the screening
  773  standards under s. 435.04. Results of the screening shall be
  774  provided to the participating private school. For purposes of
  775  this paragraph:
  776         1. An “employee or contracted personnel with direct student
  777  contact” means any employee or contracted personnel who has
  778  unsupervised access to a scholarship student for whom the
  779  private school is responsible.
  780         2. The costs of fingerprinting and the background check
  781  shall not be borne by the state.
  782         3. Continued employment of an employee or contracted
  783  personnel after notification that he or she has failed the
  784  background screening under this paragraph shall cause a private
  785  school to be ineligible for participation in a scholarship
  786  program.
  787         4. An employee or contracted personnel holding a valid
  788  Florida teaching certificate who has been fingerprinted pursuant
  789  to s. 1012.32 is not required to comply with the provisions of
  790  this paragraph.
  791         5. All fingerprints submitted to the Department of Law
  792  Enforcement as required by this section shall be retained by the
  793  Department of Law Enforcement in a manner provided by rule and
  794  entered in the statewide automated biometric identification
  795  system authorized by s. 943.05(2)(b). Such fingerprints shall
  796  thereafter be available for all purposes and uses authorized for
  797  arrest fingerprints entered in the statewide automated biometric
  798  identification system pursuant to s. 943.051.
  799         6. The Department of Law Enforcement shall search all
  800  arrest fingerprints received under s. 943.051 against the
  801  fingerprints retained in the statewide automated biometric
  802  identification system under subparagraph 5. Any arrest record
  803  that is identified with the retained fingerprints of a person
  804  subject to the background screening under this section shall be
  805  reported to the employing school with which the person is
  806  affiliated. Each private school participating in a scholarship
  807  program is required to participate in this search process by
  808  informing the Department of Law Enforcement of any change in the
  809  employment or contractual status of its personnel whose
  810  fingerprints are retained under subparagraph 5. The Department
  811  of Law Enforcement shall adopt a rule setting the amount of the
  812  annual fee to be imposed upon each private school for performing
  813  these searches and establishing the procedures for the retention
  814  of private school employee and contracted personnel fingerprints
  815  and the dissemination of search results. The fee may be borne by
  816  the private school or the person fingerprinted.
  817         7. Employees and contracted personnel whose fingerprints
  818  are not retained by the Department of Law Enforcement under
  819  subparagraphs 5. and 6. are required to be refingerprinted and
  820  must meet state and national background screening requirements
  821  upon reemployment or reengagement to provide services in order
  822  to comply with the requirements of this section.
  823         8. Every 5 years following employment or engagement to
  824  provide services with a private school, employees or contracted
  825  personnel required to be screened under this section must meet
  826  screening standards under s. 435.04, at which time the private
  827  school shall request the Department of Law Enforcement to
  828  forward the fingerprints to the Federal Bureau of Investigation
  829  for national processing. If the fingerprints of employees or
  830  contracted personnel are not retained by the Department of Law
  831  Enforcement under subparagraph 5., employees and contracted
  832  personnel must electronically file a complete set of
  833  fingerprints with the Department of Law Enforcement. Upon
  834  submission of fingerprints for this purpose, the private school
  835  shall request that the Department of Law Enforcement forward the
  836  fingerprints to the Federal Bureau of Investigation for national
  837  processing, and the fingerprints shall be retained by the
  838  Department of Law Enforcement under subparagraph 5.
  839         (n) Adopt policies establishing standards of ethical
  840  conduct for instructional personnel and school administrators.
  841  The policies must require all instructional personnel and school
  842  administrators, as defined in s. 1012.01, to complete training
  843  on the standards; establish the duty of instructional personnel
  844  and school administrators to report, and procedures for
  845  reporting, alleged misconduct by other instructional personnel
  846  and school administrators which affects the health, safety, or
  847  welfare of a student; and include an explanation of the
  848  liability protections provided under ss. 39.203 and 768.095. A
  849  private school, or any of its employees, may not enter into a
  850  confidentiality agreement regarding terminated or dismissed
  851  instructional personnel or school administrators, or personnel
  852  or administrators who resign in lieu of termination, based in
  853  whole or in part on misconduct that affects the health, safety,
  854  or welfare of a student, and may not provide the instructional
  855  personnel or school administrators with employment references or
  856  discuss the personnel’s or administrators’ performance with
  857  prospective employers in another educational setting, without
  858  disclosing the personnel’s or administrators’ misconduct. Any
  859  part of an agreement or contract that has the purpose or effect
  860  of concealing misconduct by instructional personnel or school
  861  administrators which affects the health, safety, or welfare of a
  862  student is void, is contrary to public policy, and may not be
  863  enforced.
  864         (o) Before employing instructional personnel or school
  865  administrators in any position that requires direct contact with
  866  students, conduct employment history checks of each of the
  867  personnel’s or administrators’ previous employers, screen the
  868  personnel or administrators through use of the educator
  869  screening tools described in s. 1001.10(5), and document the
  870  findings. If unable to contact a previous employer, the private
  871  school must document efforts to contact the employer.
  872         (p) Require each owner or operator of the private school,
  873  prior to employment or engagement to provide services, to
  874  undergo level 2 background screening as provided under chapter
  875  435. For purposes of this paragraph, the term “owner or
  876  operator” means an owner, operator, superintendent, or principal
  877  of, or a person with equivalent decisionmaking authority over, a
  878  private school participating in a scholarship program
  879  established pursuant to this chapter. The fingerprints for the
  880  background screening must be electronically submitted to the
  881  Department of Law Enforcement and may be taken by an authorized
  882  law enforcement agency or a private company who is trained to
  883  take fingerprints. However, the complete set of fingerprints of
  884  an owner or operator may not be taken by the owner or operator.
  885  The owner or operator shall provide a copy of the results of the
  886  state and national criminal history check to the Department of
  887  Education. The cost of the background screening may be borne by
  888  the owner or operator.
  889         1. Every 5 years following employment or engagement to
  890  provide services, each owner or operator must meet level 2
  891  screening standards as described in s. 435.04, at which time the
  892  owner or operator shall request the Department of Law
  893  Enforcement to forward the fingerprints to the Federal Bureau of
  894  Investigation for level 2 screening. If the fingerprints of an
  895  owner or operator are not retained by the Department of Law
  896  Enforcement under subparagraph 2., the owner or operator must
  897  electronically file a complete set of fingerprints with the
  898  Department of Law Enforcement. Upon submission of fingerprints
  899  for this purpose, the owner or operator shall request that the
  900  Department of Law Enforcement forward the fingerprints to the
  901  Federal Bureau of Investigation for level 2 screening, and the
  902  fingerprints shall be retained by the Department of Law
  903  Enforcement under subparagraph 2.
  904         2. Fingerprints submitted to the Department of Law
  905  Enforcement as required by this paragraph must be retained by
  906  the Department of Law Enforcement in a manner approved by rule
  907  and entered in the statewide automated biometric identification
  908  system authorized by s. 943.05(2)(b). The fingerprints must
  909  thereafter be available for all purposes and uses authorized for
  910  arrest fingerprints entered in the statewide automated biometric
  911  identification system pursuant to s. 943.051.
  912         3. The Department of Law Enforcement shall search all
  913  arrest fingerprints received under s. 943.051 against the
  914  fingerprints retained in the statewide automated biometric
  915  identification system under subparagraph 2. Any arrest record
  916  that is identified with an owner’s or operator’s fingerprints
  917  must be reported to the owner or operator, who must report to
  918  the Department of Education. Any costs associated with the
  919  search shall be borne by the owner or operator.
  920         4. An owner or operator who fails the level 2 background
  921  screening is not eligible to participate in a scholarship
  922  program under this chapter.
  923         5. In addition to the offenses listed in s. 435.04, a
  924  person required to undergo background screening pursuant to this
  925  part or authorizing statutes may not have an arrest awaiting
  926  final disposition for, must not have been found guilty of, or
  927  entered a plea of nolo contendere to, regardless of
  928  adjudication, and must not have been adjudicated delinquent for,
  929  and the record must not have been sealed or expunged for, any of
  930  the following offenses or any similar offense of another
  931  jurisdiction:
  932         a. Any authorizing statutes, if the offense was a felony.
  933         b. This chapter, if the offense was a felony.
  934         c. Section 409.920, relating to Medicaid provider fraud.
  935         d. Section 409.9201, relating to Medicaid fraud.
  936         e. Section 741.28, relating to domestic violence.
  937         f. Section 817.034, relating to fraudulent acts through
  938  mail, wire, radio, electromagnetic, photoelectronic, or
  939  photooptical systems.
  940         g. Section 817.234, relating to false and fraudulent
  941  insurance claims.
  942         h. Section 817.505, relating to patient brokering.
  943         i. Section 817.568, relating to criminal use of personal
  944  identification information.
  945         j. Section 817.60, relating to obtaining a credit card
  946  through fraudulent means.
  947         k. Section 817.61, relating to fraudulent use of credit
  948  cards, if the offense was a felony.
  949         l. Section 831.01, relating to forgery.
  950         m. Section 831.02, relating to uttering forged instruments.
  951         n. Section 831.07, relating to forging bank bills, checks,
  952  drafts, or promissory notes.
  953         o. Section 831.09, relating to uttering forged bank bills,
  954  checks, drafts, or promissory notes.
  955         p. Section 831.30, relating to fraud in obtaining medicinal
  956  drugs.
  957         q. Section 831.31, relating to the sale, manufacture,
  958  delivery, or possession with the intent to sell, manufacture, or
  959  deliver any counterfeit controlled substance, if the offense was
  960  a felony.
  961         6. At least 30 calendar days before a transfer of ownership
  962  of a private school, the owner or operator shall notify the
  963  parent of each scholarship student.
  964         7. The owner or operator of a private school that has been
  965  deemed ineligible to participate in a scholarship program
  966  pursuant to this chapter may not transfer ownership or
  967  management authority of the school to a relative in order to
  968  participate in a scholarship program as the same school or a new
  969  school. For purposes of this subparagraph, the term “relative”
  970  means father, mother, son, daughter, grandfather, grandmother,
  971  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  972  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  973  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  974  stepdaughter, stepbrother, stepsister, half-brother, or half
  975  sister.
  976         (q) Provide a report from an independent certified public
  977  accountant who performs the agreed-upon procedures developed
  978  pursuant to s. 1002.395(6)(o) if the private school receives
  979  more than $250,000 in funds from scholarships awarded under this
  980  chapter in a state fiscal year. A private school subject to this
  981  subsection must annually submit the report by September 15 to
  982  the scholarship-funding organization that awarded the majority
  983  of the school’s scholarship funds. However, a school that
  984  receives more than $250,000 in scholarship funds only through
  985  the John M. McKay Scholarship for Students with Disabilities
  986  Program pursuant to s. 1002.39 must submit the annual report by
  987  September 15 to the department. The agreed-upon procedures must
  988  be conducted in accordance with attestation standards
  989  established by the American Institute of Certified Public
  990  Accountants.
  991  
  992  The department shall suspend the payment of funds to a private
  993  school that knowingly fails to comply with this subsection, and
  994  shall prohibit the school from enrolling new scholarship
  995  students, for 1 fiscal year and until the school complies. If a
  996  private school fails to meet the requirements of this subsection
  997  or has consecutive years of material exceptions listed in the
  998  report required under paragraph (q), the commissioner may
  999  determine that the private school is ineligible to participate
 1000  in a scholarship program.
 1001         Section 11. For the purpose of incorporating the amendment
 1002  made by this act to section 1002.42, Florida Statutes, in a
 1003  reference thereto, subsection (2) of section 1007.271, Florida
 1004  Statutes, is reenacted to read:
 1005         1007.271 Dual enrollment programs.—
 1006         (2) For the purpose of this section, an eligible secondary
 1007  student is a student who is enrolled in any of grades 6 through
 1008  12 in a Florida public school or in a Florida private school
 1009  that is in compliance with s. 1002.42(2) and provides a
 1010  secondary curriculum pursuant to s. 1003.4282. Students who are
 1011  eligible for dual enrollment pursuant to this section may enroll
 1012  in dual enrollment courses conducted during school hours, after
 1013  school hours, and during the summer term. However, if the
 1014  student is projected to graduate from high school before the
 1015  scheduled completion date of a postsecondary course, the student
 1016  may not register for that course through dual enrollment. The
 1017  student may apply to the postsecondary institution and pay the
 1018  required registration, tuition, and fees if the student meets
 1019  the postsecondary institution’s admissions requirements under s.
 1020  1007.263. Instructional time for dual enrollment may vary from
 1021  900 hours; however, the full-time equivalent student membership
 1022  value shall be subject to the provisions in s. 1011.61(4). A
 1023  student enrolled as a dual enrollment student is exempt from the
 1024  payment of registration, tuition, and laboratory fees. Applied
 1025  academics for adult education instruction, developmental
 1026  education, and other forms of precollegiate instruction, as well
 1027  as physical education courses that focus on the physical
 1028  execution of a skill rather than the intellectual attributes of
 1029  the activity, are ineligible for inclusion in the dual
 1030  enrollment program. Recreation and leisure studies courses shall
 1031  be evaluated individually in the same manner as physical
 1032  education courses for potential inclusion in the program.
 1033         Section 12. This act shall take effect July 1, 2020.

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