Bill Text: FL S1184 | 2021 | Regular Session | Introduced
Bill Title: Schools of Innovation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Education [S1184 Detail]
Download: Florida-2021-S1184-Introduced.html
Florida Senate - 2021 SB 1184 By Senator Brodeur 9-01007-21 20211184__ 1 A bill to be entitled 2 An act relating to Schools of Innovation; creating s. 3 1002.355, F.S.; establishing Schools of Innovation; 4 providing a purpose; defining terms; authorizing a 5 school district to apply to the Commissioner of 6 Education to designate a public school as a School of 7 Innovation; specifying information the application 8 must contain; requiring the commissioner to recommend 9 approval, rejection, or resubmission of the 10 application to the State Board of Education within a 11 certain timeframe; requiring the state board to 12 accept, reject, or request resubmission of the 13 application within a certain timeframe; requiring the 14 state board’s decision to be in writing and, if 15 rejecting or requesting resubmission, to state the 16 reasons for such decision; providing that the state 17 board’s decision is final action and subject to 18 judicial review; requiring a school participating in 19 the Competency-Based Education Pilot Program during a 20 certain year to resubmit its pilot program application 21 to be designated a School of Innovation; requiring the 22 state board to adopt rules; providing the initial term 23 of duration for Schools of Innovation; authorizing 24 district school boards to approve subsequent terms for 25 schools that meet certain requirements; requiring 26 district school boards to evaluate Schools of 27 Innovation using an evaluation plan developed by the 28 department; providing for revocation of a school’s 29 designation as a School of Innovation; requiring a 30 district school board to accept or reject within a 31 certain timeframe a recommendation to revoke a 32 school’s designation from the department; providing 33 that a district school board’s rejection of the 34 department’s recommendation is final action subject to 35 judicial review; authorizing a School of Innovation to 36 request the state board to waive rules or the district 37 school board to waive policies; requiring the state 38 board or district school board to accept or deny such 39 request within a certain timeframe; prohibiting a 40 School of Innovation from requesting a waiver of 41 participation in statewide assessments or state or 42 federal accountability requirements; specifying the 43 duration of a granted waiver; requiring the department 44 to establish a statewide innovation network; providing 45 the purposes of the network; requiring the department 46 to provide technical assistance and support to the 47 network; prohibiting a student who transfers from a 48 School of Innovation to another school in this state 49 which is not designated as such from being penalized 50 in specified manners; requiring the state board and 51 the Board of Governors to establish certain policies; 52 specifying duties of the department; requiring the 53 department to deliver an annual report containing 54 certain information to the Governor and the 55 Legislature by a specified date; requiring the 56 department to adopt rules; amending s. 1003.437, F.S.; 57 authorizing a School of Innovation to use an 58 alternative to letter grades; requiring a School of 59 Innovation that adopts an alternative to letter grades 60 to continue to calculate a student’s grade point 61 average on a 4-point scale; amending s. 1011.61, F.S.; 62 requiring the department to determine and implement an 63 equitable method of equivalent funding for Schools of 64 Innovation; amending s. 1011.62, F.S.; requiring a 65 school district to earn additional FTE for specified 66 students; providing for the calculation of the 67 additional FTE; providing an effective date. 68 69 Be It Enacted by the Legislature of the State of Florida: 70 71 Section 1. Section 1002.355, Florida Statutes, is created 72 to read: 73 1002.355 Schools of Innovation.— 74 (1) PURPOSE.—Schools of Innovation are established to 75 encourage innovation and creativity by providing public schools 76 greater control and flexibility to meet the needs of students 77 and communities, improve student achievement, and enhance 78 academic opportunities. 79 (2) DEFINITIONS.—As used in this section, the term: 80 (a) “Innovation” means a new or creative alternative to 81 existing instructional and administrative practices which is 82 intended to improve learning and enhance academic opportunities 83 for all students. 84 (b) “Learner-validated measure” means full-credit course 85 completion, the percentage of competencies, standards, or 86 assignments in a course which a student has successfully 87 completed, or any other objective and verifiable measure of 88 student learning. 89 (c) “Learner-validated program” means a program in which 90 instruction includes an element of student-centered learning 91 over time, place, path, or pace through: 92 1. Online learning in which students receive educational 93 services primarily over the Internet; 94 2. Blended learning in which a student learns through an 95 integrated experience that is in part through online learning; 96 or 97 3. Competency-based learning designed to accomplish a 98 predetermined curricular objective, set of objectives, or set of 99 competencies. 100 (3) APPLICATION PROCESS.— 101 (a) A school district may submit to the Commissioner of 102 Education an application to designate a school as a School of 103 Innovation which shall include all of the following information: 104 1. A statement of the school’s mission and a description of 105 how designation as a School of Innovation would enhance the 106 school’s ability to achieve its mission. 107 2. An innovation plan describing the practices and learner 108 validated programs the school will implement along with a plan 109 for implementation. 110 3. The school district program, policies, or operations 111 that the school will change to successfully implement innovative 112 practices. 113 4. A detailed implementation timeline that may not exceed 5 114 years. 115 5. A detailed description of the learner-validated measures 116 to be used for substitution of net instructional hours under s. 117 1011.61. 118 6. A resolution adopted by the district school board 119 showing approval of the innovation plan, the anticipated 120 timeline for implementation, and the resources and support that 121 the district school board will provide, including any 122 flexibility given from local policies and procedures. 123 7. Documentation to show meaningful parental, educator, and 124 community engagement and capacity for the changes identified in 125 the innovation plan. 126 8. The formative, benchmark, and summative assessments that 127 will be used to monitor student progress and outcomes. 128 9. A description of goals, performance indicators, 129 implementation milestones, and expected outcomes. 130 10. Long-term community outreach and stakeholder 131 communication plans. 132 (b)1. Within 60 days after receiving a School of Innovation 133 application, the commissioner shall submit a written 134 recommendation to the state board to accept, reject, or request 135 resubmission of an application with additional information. 136 2. Within 30 days after receiving the commissioner’s 137 recommendation, the state board shall by majority vote accept, 138 reject, or request resubmission of an application with 139 additional information. The state board’s decision must be in 140 writing and state the reasons for any application denial or 141 request for resubmission. 142 3. The state board’s decision is a final action subject to 143 judicial review in the district court of appeal. 144 (c) A school that participated in the Competency-Based 145 Education Pilot Program during the 2020-2021 school year shall 146 update and resubmit its pilot program application for review by 147 the commissioner to be designated as a School of Innovation for 148 the 2021-2022 school year. 149 (d) The state board shall adopt rules to implement this 150 subsection, including creating an evaluation instrument for 151 evaluating applications. 152 (4) TERMS.— 153 (a) The initial term of a School of Innovation shall be 5 154 years. The district school board may approve additional 5-year 155 terms if the School of Innovation has complied with procedures 156 determined by the district school board for renewal, including 157 satisfying performance evaluations. 158 (b) District school boards shall evaluate Schools of 159 Innovation using an evaluation plan developed by the department. 160 (c)1. A district school board may revoke a school’s 161 designation as a School of Innovation if the school fails to 162 meet goals, performance indicators, evaluations, or 163 implementation milestones. 164 2.a. The department may recommend that a district school 165 board revoke a school’s designation as a School of Innovation if 166 the school fails to meet goals, performance indicators, 167 evaluations, or implementation milestones. The district school 168 board shall accept or reject the recommendation in writing 169 within 30 days after receiving the recommendation. 170 b. A district school board’s rejection of the department’s 171 recommendation is final action subject to judicial review in the 172 district court of appeal. 173 (5) POLICY FLEXIBILITY.— 174 (a) A School of Innovation may request the state board to 175 use its authority to waive rules pursuant to s. 1001.10(3) or 176 the district school board to waive policies pursuant to s. 177 1001.42(19)(b). The state board or district school board shall 178 accept or deny any such request within 30 days after receipt of 179 the request. 180 (b) A School of Innovation may not request waiver of 181 participation in statewide assessments or state or federal 182 accountability requirements. 183 (c) A waiver granted pursuant to this section shall remain 184 in effect for as long as a school is designated a School of 185 Innovation. 186 (6) INNOVATION NETWORK.— 187 (a) The department shall establish a statewide innovation 188 network to provide support for Schools of Innovation. 189 (b) The purposes of the network are to: 190 1. Increase statewide knowledge and understanding of 191 Schools of Innovation; 192 2. Provide opportunities for Schools of Innovation to 193 collaborate and share resources and lessons learned; 194 3. Develop information, materials, and other applicable 195 resources for use across this state; and 196 4. Identify data and metrics to be used to evaluate 197 success, progress, and growth. 198 (c) The department shall provide technical assistance and 199 support to the network, which may include contracts with a 200 third-party provider. 201 (7) STUDENT PROTECTIONS.— 202 (a) A student who transfers from a School of Innovation to 203 another school in this state not designated as a School of 204 Innovation may not be penalized by being required to repeat 205 course work or content that the student has already demonstrated 206 mastery of, by changing the student’s grades, or in any other 207 manner relating to the student’s previous attendance in a School 208 of Innovation. 209 (b) The state board and the Board of Governors shall 210 establish policies that ensure fair and equitable access for 211 School of Innovation student admission into postsecondary 212 institutions and eligibility for scholarship and financial aid. 213 (8) DUTIES OF THE DEPARTMENT.— 214 (a) The department shall develop and publish an evaluation 215 plan to measure the progress of Schools of Innovation. The 216 evaluation plan must include all of the following information: 217 1. Methods to evaluate student engagement, instructional 218 practices, performance on formative, benchmark, and statewide 219 assessments, and student secondary and postsecondary success. 220 2. Timelines for when any required reports must be 221 produced. 222 3. Persons or entities who may conduct evaluations. 223 4. Data required from schools. 224 (b) The department shall publish communication guidelines 225 for Schools of Innovation for interacting with parents, 226 teachers, and the community. 227 (c) The department may assign staff to assist with the 228 statewide innovation network. 229 (d) The department shall deliver an annual report to the 230 Governor, the President of the Senate, and the Speaker of the 231 House of Representatives beginning July 1, 2022, and each 232 subsequent July 1 each year which summarizes progress towards 233 implementing Schools of Innovation. The annual report must 234 include any waiver requests granted by a district school board 235 or the department as well as any department policy 236 recommendations. 237 (e) The department shall adopt rules to implement this 238 section unless otherwise provided. 239 Section 2. Section 1003.437, Florida Statutes, is amended 240 to read: 241 1003.437 Middle and high school grading system.— 242 (1) The grading system and interpretation of letter grades 243 used to measure student success in grade 6 through grade 12 244 courses for students in public schools shall be as follows: 245 (a)(1)Grade “A” equals 90 percent through 100 percent, has 246 a grade point average value of 4, and is defined as “outstanding 247 progress.” 248 (b)(2)Grade “B” equals 80 percent through 89 percent, has 249 a grade point average value of 3, and is defined as “above 250 average progress.” 251 (c)(3)Grade “C” equals 70 percent through 79 percent, has 252 a grade point average value of 2, and is defined as “average 253 progress.” 254 (d)(4)Grade “D” equals 60 percent through 69 percent, has 255 a grade point average value of 1, and is defined as “lowest 256 acceptable progress.” 257 (e)(5)Grade “F” equals zero percent through 59 percent, 258 has a grade point average value of zero, and is defined as 259 “failure.” 260 (f)(6)Grade “I” equals zero percent, has a grade point 261 average value of zero, and is defined as “incomplete.” 262 263 For the purposes of class ranking, district school boards may 264 exercise a weighted grading system pursuant to s. 1007.271. 265 (2) Schools of Innovation designated under s. 1002.355 may 266 use an alternative to letter grades to measure student success 267 in grade 6 through grade 12 courses. If a School of Innovation 268 uses an alternative to letter grades, it must continue to 269 calculate a student’s grade point average using the 4-point 270 scale under subsection (1). 271 Section 3. Subsection (1) of section 1011.61, Florida 272 Statutes, is amended to read: 273 1011.61 Definitions.—Notwithstanding the provisions of s. 274 1000.21, the following terms are defined as follows for the 275 purposes of the Florida Education Finance Program: 276 (1) A “full-time equivalent student” in each program of the 277 district is defined in terms of full-time students and part-time 278 students as follows: 279 (a) A “full-time student” is one student on the membership 280 roll of one school program or a combination of school programs 281 listed in s. 1011.62(1)(c) for the school year or the equivalent 282 for: 283 1. Instruction in a standard school, comprising not less 284 than 900 net hours for a student in or at the grade level of 4 285 through 12, or not less than 720 net hours for a student in or 286 at the grade level of kindergarten through grade 3 or in an 287 authorized prekindergarten exceptional program; or 288 2. Instruction comprising the appropriate number of net 289 hours set forth in subparagraph 1. for students who, within the 290 past year, have moved with their parents for the purpose of 291 engaging in the farm labor or fish industries, if a plan 292 furnishing such an extended school day or week, or a combination 293 thereof, has been approved by the commissioner. Such plan may be 294 approved to accommodate the needs of migrant students only or 295 may serve all students in schools having a high percentage of 296 migrant students. The plan described in this subparagraph is 297 optional for any school district and is not mandated by the 298 state. 299 (b) A “part-time student” is a student on the active 300 membership roll of a school program or combination of school 301 programs listed in s. 1011.62(1)(c) who is less than a full-time 302 student. A student who receives instruction in a school that 303 operates for less than the minimum term shall generate full-time 304 equivalent student membership proportional to the amount of 305 instructional hours provided by the school divided by the 306 minimum term requirement as provided in s. 1011.60(2). 307 (c)1. A “full-time equivalent student” is: 308 a. A full-time student in any one of the programs listed in 309 s. 1011.62(1)(c); or 310 b. A combination of full-time or part-time students in any 311 one of the programs listed in s. 1011.62(1)(c) which is the 312 equivalent of one full-time student based on the following 313 calculations: 314 (I) A full-time student in a combination of programs listed 315 in s. 1011.62(1)(c) shall be a fraction of a full-time 316 equivalent membership in each special program equal to the 317 number of net hours per school year for which he or she is a 318 member, divided by the appropriate number of hours set forth in 319 subparagraph (a)1. The difference between that fraction or sum 320 of fractions and the maximum value as set forth in subsection 321 (4) for each full-time student is presumed to be the balance of 322 the student’s time not spent in a special program and shall be 323 recorded as time in the appropriate basic program. 324 (II) A prekindergarten student with a disability shall meet 325 the requirements specified for kindergarten students. 326 (III) A full-time equivalent student for students in 327 kindergarten through grade 12 in a full-time virtual instruction 328 program under s. 1002.45 or a virtual charter school under s. 329 1002.33 shall consist of six full-credit completions or the 330 prescribed level of content that counts toward promotion to the 331 next grade in programs listed in s. 1011.62(1)(c). Credit 332 completions may be a combination of full-credit courses or half 333 credit courses. 334 (IV) A full-time equivalent student for students in 335 kindergarten through grade 12 in a part-time virtual instruction 336 program under s. 1002.45 shall consist of six full-credit 337 completions in programs listed in s. 1011.62(1)(c)1. and 3. 338 Credit completions may be a combination of full-credit courses 339 or half-credit courses. 340 (V) A Florida Virtual School full-time equivalent student 341 shall consist of six full-credit completions or the prescribed 342 level of content that counts toward promotion to the next grade 343 in the programs listed in s. 1011.62(1)(c)1. and 3. for students 344 participating in kindergarten through grade 12 part-time virtual 345 instruction and the programs listed in s. 1011.62(1)(c) for 346 students participating in kindergarten through grade 12 full 347 time virtual instruction. Credit completions may be a 348 combination of full-credit courses or half-credit courses. 349 (VI) Each successfully completed full-credit course earned 350 through an online course delivered by a district other than the 351 one in which the student resides shall be calculated as 1/6 FTE. 352 (VII) A full-time equivalent student for courses requiring 353 passage of a statewide, standardized end-of-course assessment 354 under s. 1003.4282 to earn a standard high school diploma shall 355 be defined and reported based on the number of instructional 356 hours as provided in this subsection. 357 (VIII) For students enrolled in a school district as a 358 full-time student, the district may report 1/6 FTE for each 359 student who passes a statewide, standardized end-of-course 360 assessment without being enrolled in the corresponding course. 361 2. A student in membership in a program scheduled for more 362 or less than 180 school days or the equivalent on an hourly 363 basis as specified by rules of the State Board of Education is a 364 fraction of a full-time equivalent membership equal to the 365 number of instructional hours in membership divided by the 366 appropriate number of hours set forth in subparagraph (a)1.; 367 however, for the purposes of this subparagraph, membership in 368 programs scheduled for more than 180 days is limited to students 369 enrolled in: 370 a. Juvenile justice education programs. 371 b. The Florida Virtual School. 372 c. Virtual instruction programs and virtual charter schools 373 for the purpose of course completion and credit recovery 374 pursuant to ss. 1002.45 and 1003.498. Course completion applies 375 only to a student who is reported during the second or third 376 membership surveys and who does not complete a virtual education 377 course by the end of the regular school year. The course must be 378 completed no later than the deadline for amending the final 379 student enrollment survey for that year. Credit recovery applies 380 only to a student who has unsuccessfully completed a traditional 381 or virtual education course during the regular school year and 382 must retake the course in order to be eligible to graduate with 383 the student’s class. 384 385 The full-time equivalent student enrollment calculated under 386 this subsection is subject to the requirements in subsection 387 (4). 388 389 The department shall determine and implement an equitable method 390 of equivalent funding for schools operating under emergency 391 conditions, which schools have been approved by the department 392 to operate for less than the minimum term as provided in s. 393 1011.60(2), and for Schools of Innovation under s. 1002.355. 394 Section 4. Present paragraphs (q) through (t) of subsection 395 (1) of section 1011.62, Florida Statutes, are redesignated as 396 paragraphs (r) through (u), respectively, and a new paragraph 397 (q) is added to that subsection, to read: 398 1011.62 Funds for operation of schools.—If the annual 399 allocation from the Florida Education Finance Program to each 400 district for operation of schools is not determined in the 401 annual appropriations act or the substantive bill implementing 402 the annual appropriations act, it shall be determined as 403 follows: 404 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 405 OPERATION.—The following procedure shall be followed in 406 determining the annual allocation to each district for 407 operation: 408 (q) A school district shall earn additional FTE for each 409 student eligible for a free or reduced price lunch from the 410 National School Lunch Program calculated by each eligible 411 student’s percentage of a learner-validated measure earned 412 multiplied by the fraction of a FTE represented by the course. 413 Section 5. This act shall take effect July 1, 2021.