Bill Text: FL S1368 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public School Funding [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Senate, companion bill(s) passed, see HB 5001 (Ch. 2010-152), CS/HB 5101 (Ch. 2010-154), SJR 2 (Passed) [S1368 Detail]

Download: Florida-2010-S1368-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1368 
 
By the Committee on Education Pre-K - 12 Appropriations; and 
Senator Wise 
602-03214B-10                                         20101368c1 
1                        A bill to be entitled 
2         An act relating to public school funding; amending s. 
3         212.055, F.S.; deleting a requirement that school 
4         boards imposing the school capital outlay surtax 
5         freeze noncapital local school property taxes for at 
6         least 3 years; repealing s. 216.292(2)(d), F.S., 
7         relating to the transfer of funds for class size 
8         reduction; conforming provisions to changes made by 
9         the act; amending s. 1001.395, F.S.; extending the 
10         duration of a provision specifying methods to 
11         calculate the salary of a school board member; 
12         amending s. 1001.451, F.S.; removing the repeal of 
13         provisions authorizing a reduction in the incentive 
14         grants that are awarded to consortium service 
15         organizations; amending s. 1002.32, F.S.; including 
16         the millage levied for fixed capital outlay in 
17         determining the amount provided to lab schools for 
18         operating expenses; amending s. 1002.33, F.S.; 
19         requiring that a charter school comply with statutes 
20         pertaining to maximum class size; providing that 
21         certain capital outlay funds shared with a charter 
22         school-in-the-workplace before July 1, 2010, are 
23         deemed to meet certain expenditure requirements; 
24         revising requirements for calculating the 
25         administrative fee that the sponsor of a charter 
26         school may withhold and use for capital outlay 
27         purposes; amending s. 1002.37, F.S.; providing certain 
28         limitations on reporting credits earned by a student 
29         through the Florida Virtual School for purposes of 
30         funding; including the millage levied for fixed 
31         capital outlay in determining the amount provided to 
32         the Florida Virtual School for operating expenses; 
33         amending s. 1002.45, F.S.; providing for school 
34         district virtual instruction programs to include 
35         programs offered by community colleges; requiring that 
36         community college instructors meet certification 
37         requirements; prohibiting a community college from 
38         reporting students served in a school district virtual 
39         instruction program for funding under the Community 
40         College Program Fund; removing obsolete provisions 
41         requiring a report; amending ss. 1002.55 and 1002.63, 
42         F.S.; revising the requirements for private 
43         prekindergarten providers and public school-year 
44         prekindergarten programs with respect to the number of 
45         students for each class; requiring an instructor for 
46         certain classes who holds specified credentials; 
47         amending s. 1002.71, F.S.; reducing the amount of 
48         funds that an early learning coalition may retain for 
49         administrative purposes from funds paid to private 
50         prekindergarten providers and public schools; amending 
51         s. 1003.03, F.S.; revising requirements for the 
52         Department of Education with respect to calculating 
53         the maximum class size based on student membership; 
54         deleting obsolete provisions; providing for reductions 
55         in a district’s class-size-reduction operating 
56         categorical allocation under certain circumstances; 
57         providing for a budget amendment in the case of an 
58         extreme emergency and subject to approval of the 
59         Legislative Budget Commission; providing for 
60         alternative measures to take effect upon approval of 
61         an amendment to the State Constitution by the electors 
62         of the state; providing for virtual instruction 
63         courses to be included in implementing the class size 
64         maximums; amending s. 1003.492, F.S.; clarifying the 
65         duties of the Department of Education in approving the 
66         list of industry certifications for career education 
67         programs; amending s. 1006.28, F.S.; redefining the 
68         term “adequate instructional materials” to include 
69         electronic content; creating s. 1006.281, F.S.; 
70         encouraging school districts to provide access for 
71         teachers, students, and parents to an electronic 
72         learning management system; specifying the required 
73         functionality of such a system; requiring the 
74         Department of Education to assist school districts in 
75         deploying an electronic learning management system; 
76         amending s. 1006.29, F.S.; providing that 
77         instructional materials include electronic content; 
78         requiring that a publisher or manufacturer providing 
79         instructional materials as a single bundle make the 
80         materials available separately and priced 
81         individually; requiring that instructional materials 
82         adopted after a specified date for students in grades 
83         9 through 12 be provided primarily in an electronic 
84         format; amending s. 1006.33, F.S.; requiring that an 
85         advertisement for bids for instructional materials 
86         require the bidder to furnish electronic specimen 
87         copies of the materials; requiring that district 
88         school superintendents request samples in a format 
89         other than an electronic format through the 
90         department; amending s. 1006.40, F.S.; requiring that 
91         a specified percentage of a district’s annual 
92         allocation for instructional materials be used for 
93         electronic materials beginning with the 2012-2013 
94         fiscal year; including electronic content as an 
95         approved item of instruction; amending s. 1007.27, 
96         F.S.; providing that secondary school students are 
97         authorized users of the state-funded electronic 
98         library resources licensed for public colleges and 
99         universities; providing for verification of 
100         eligibility according to rules established by the 
101         State Board of Education and the Board of Governors of 
102         the State University System; amending s. 1008.34, 
103         F.S.; providing for the calculation of certain school 
104         grades to include student completion of specified 
105         courses; amending s. 1011.03, F.S.; requiring that a 
106         district school board post its proposed millage levies 
107         on the district’s website; revising the requirements 
108         for publishing the proposed levies in a newspaper; 
109         amending s. 1011.60, F.S.; deleting a requirement that 
110         the State Board of Education adopt rules governing the 
111         school term; amending s. 1011.62, F.S.; revising the 
112         requirements for calculating full-time equivalent 
113         student membership; reducing the amount authorized for 
114         teacher bonuses; requiring that a district allocate a 
115         specified percentage of funds for industry 
116         certification to the center or program that generated 
117         the funds; authorizing a district school board to use 
118         categorical funds for materials that meet the Next 
119         Generation Sunshine State Standards and for certain 
120         hardware; providing for adjusting a district’s 
121         sparsity supplement based on Merit Award Program 
122         funds; clarifying that a calculation subsequent to an 
123         appropriation does not result in negative state funds 
124         for any district; amending s. 1011.64, F.S., relating 
125         to minimum classroom expenditure requirements; 
126         conforming a cross-reference; amending s. 1011.67, 
127         F.S.; removing requirements for the staggered 
128         distribution of funds to districts for instructional 
129         materials; amending s. 1011.66, F.S.; removing a 
130         provision authorizing the distribution of 60 percent 
131         of FEFP funds to a district during the first quarter 
132         of a fiscal year; amending s. 1011.68, F.S.; requiring 
133         that the allocation for student transportation be 
134         determined by the Legislature rather than based on the 
135         prior year’s average student cost for transportation; 
136         amending s. 1011.71, F.S.; removing certain 
137         requirements for the additional millage levied by a 
138         district for critical capital outlay needs or critical 
139         operating needs; amending s. 1011.73, F.S., relating 
140         to district millage elections; correcting a cross 
141         reference; amending s. 1012.33, F.S.; exempting 
142         specified reemployed instructional personnel from 
143         certain requirements for determining pay; amending s. 
144         1012.467, F.S.; requiring school districts to accept 
145         reciprocity of level 2 screening for Florida High 
146         School Athletic Association Officials; amending s. 
147         1012.55, F.S.; requiring that instructional personnel 
148         providing instruction through a virtual environment 
149         hold certification as otherwise required by law and 
150         rule; amending s. 1013.62, F.S.; providing that a 
151         charter school must serve students in facilities that 
152         are provided by a business partner for a charter 
153         school-in-the-workplace to be eligible for an 
154         allocation of funds for capital outlay purposes; 
155         providing for the incorporation by reference of 
156         certain calculations used by the Legislature for the 
157         2010-2011 fiscal year; providing effective dates. 
158 
159  Be It Enacted by the Legislature of the State of Florida: 
160 
161         Section 1. Paragraphs (d) and (e) of subsection (6) of 
162  section 212.055, Florida Statutes, are amended to read: 
163         212.055 Discretionary sales surtaxes; legislative intent; 
164  authorization and use of proceeds.—It is the legislative intent 
165  that any authorization for imposition of a discretionary sales 
166  surtax shall be published in the Florida Statutes as a 
167  subsection of this section, irrespective of the duration of the 
168  levy. Each enactment shall specify the types of counties 
169  authorized to levy; the rate or rates which may be imposed; the 
170  maximum length of time the surtax may be imposed, if any; the 
171  procedure which must be followed to secure voter approval, if 
172  required; the purpose for which the proceeds may be expended; 
173  and such other requirements as the Legislature may provide. 
174  Taxable transactions and administrative procedures shall be as 
175  provided in s. 212.054. 
176         (6) SCHOOL CAPITAL OUTLAY SURTAX.— 
177         (d) Any school board imposing the surtax shall implement a 
178  freeze on noncapital local school property taxes, at the millage 
179  rate imposed in the year prior to the implementation of the 
180  surtax, for a period of at least 3 years from the date of 
181  imposition of the surtax. This provision shall not apply to 
182  existing debt service or taxes authorized in the General 
183  Appropriations Act. 
184         (d)(e)� Surtax revenues collected by the Department of 
185  Revenue pursuant to this subsection shall be distributed to the 
186  school board imposing the surtax in accordance with law. 
187         Section 2. Paragraph (d) of subsection (2) of section 
188  216.292, Florida Statutes, is repealed. 
189         Section 3. Subsection (3) of section 1001.395, Florida 
190  Statutes, is amended to read: 
191         1001.395 District school board members; compensation.— 
192         (3) Notwithstanding the provisions of this section and s. 
193  145.19, for the 2010-2011 2009-2010 fiscal year, the salary of 
194  each district school board member shall be the amount calculated 
195  pursuant to subsection (1) or the district’s beginning salary 
196  for teachers who hold baccalaureate degrees, whichever is less. 
197         Section 4. Paragraph (c) of subsection (2) of section 
198  1001.451, Florida Statutes, is amended to read: 
199         1001.451 Regional consortium service organizations.—In 
200  order to provide a full range of programs to larger numbers of 
201  students, minimize duplication of services, and encourage the 
202  development of new programs and services: 
203         (2) 
204         (c) Notwithstanding paragraph (a), the appropriation for 
205  any the 2009-2010 fiscal year may be less than $50,000 per 
206  school district and eligible member. If the amount appropriated 
207  is insufficient to provide $50,000, the funds available must be 
208  prorated among all eligible districts and members. This 
209  paragraph expires July 1, 2010. 
210         Section 5. Paragraph (d) of subsection (9) of section 
211  1002.32, Florida Statutes, is amended to read: 
212         1002.32 Developmental research (laboratory) schools.— 
213         (9) FUNDING.—Funding for a lab school, including a charter 
214  lab school, shall be provided as follows: 
215         (d) Each lab school shall receive funds for operating 
216  purposes in an amount determined as follows: multiply the 
217  maximum allowable nonvoted discretionary millage for operations 
218  pursuant to s. 1011.71(1) and (3) by the value of 95 percent of 
219  the current year’s taxable value for school purposes for the 
220  district in which each lab school is located; divide the result 
221  by the total full-time equivalent membership of the district; 
222  and multiply the result by the full-time equivalent membership 
223  of the lab school. The amount thus obtained shall be 
224  discretionary operating funds and shall be appropriated from 
225  state funds in the General Appropriations Act to the Lab School 
226  Trust Fund. 
227         Section 6. Paragraph (a) of subsection (16), subsection 
228  (19), and paragraph (a) of subsection (20) of section 1002.33, 
229  Florida Statutes, are amended to read: 
230         1002.33 Charter schools.— 
231         (16) EXEMPTION FROM STATUTES.— 
232         (a) A charter school shall operate in accordance with its 
233  charter and shall be exempt from all statutes in chapters 1000 
234  1013. However, a charter school shall be in compliance with the 
235  following statutes in chapters 1000-1013: 
236         1. Those statutes specifically applying to charter schools, 
237  including this section. 
238         2. Those statutes pertaining to the student assessment 
239  program and school grading system. 
240         3. Those statutes pertaining to the provision of services 
241  to students with disabilities. 
242         4. Those statutes pertaining to civil rights, including s. 
243  1000.05, relating to discrimination. 
244         5. Those statutes pertaining to student health, safety, and 
245  welfare. 
246         6. Those statutes pertaining to maximum class size. 
247         (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible� 
248  for capital outlay funds pursuant to s. 1013.62. Capital outlay 
249  funds authorized in s. 1011.71(2) which have been shared with a 
250  charter school-in-the-workplace prior to July 1, 2010, are 
251  deemed to have met the authorized expenditure requirements for 
252  such funds. 
253         (20) SERVICES.— 
254         (a)1. A sponsor shall provide certain administrative and 
255  educational services to charter schools. These services shall 
256  include contract management services; full-time equivalent and 
257  data reporting services; exceptional student education 
258  administration services; services related to eligibility and 
259  reporting duties required to ensure that school lunch services 
260  under the federal lunch program, consistent with the needs of 
261  the charter school, are provided by the school district at the 
262  request of the charter school, that any funds due to the charter 
263  school under the federal lunch program be paid to the charter 
264  school as soon as the charter school begins serving food under 
265  the federal lunch program, and that the charter school is paid 
266  at the same time and in the same manner under the federal lunch 
267  program as other public schools serviced by the sponsor or the 
268  school district; test administration services, including payment 
269  of the costs of state-required or district-required student 
270  assessments; processing of teacher certificate data services; 
271  and information services, including equal access to student 
272  information systems that are used by public schools in the 
273  district in which the charter school is located. Student 
274  performance data for each student in a charter school, 
275  including, but not limited to, FCAT scores, standardized test 
276  scores, previous public school student report cards, and student 
277  performance measures, shall be provided by the sponsor to a 
278  charter school in the same manner provided to other public 
279  schools in the district. 
280         2. A total administrative fee for the provision of such 
281  services shall be calculated based upon up to 5 percent of the 
282  available funds defined in paragraph (17)(b) for all students. 
283  However, a sponsor may only withhold up to a 5 percent 5-percent 
284  administrative fee for enrollment for up to and including 250 
285  500 students. For charter schools with a population of 251 501 
286  or more students, the difference between the total 
287  administrative fee calculation and the amount of the 
288  administrative fee withheld may only be used for capital outlay 
289  purposes specified in s. 1013.62(2). 
290         3. In addition, a sponsor may withhold only up to a 5 
291  percent administrative fee for enrollment for up to and 
292  including 500 students within the system for a system of charter 
293  schools which meets all of the following: 
294         a. Includes both conversion charter schools and non 
295  conversion charter schools; 
296         b. All schools are located in the same municipality in the 
297  same county; 
298         c. Has a total enrollment exceeding the total enrollment of 
299  at least one county school district in the state; 
300         d. Has the same governing board; and 
301         e. Does not contract with a for-profit service provider for 
302  management of school operations. 
303         4. The difference between the total administrative fee 
304  calculation and the amount of the administrative fee withheld 
305  for such system of charter schools may be used for instructional 
306  and administrative purposes as well as for capital outlay 
307  purposes specified in s. 1013.62(2). 
308         5. Each charter school shall receive 100 percent of the 
309  funds awarded to that school pursuant to s. 1012.225. Sponsors 
310  shall not charge charter schools any additional fees or 
311  surcharges for administrative and educational services in 
312  addition to the maximum 5 percent 5-percent administrative fee 
313  withheld pursuant to this paragraph. 
314         Section 7. Paragraphs (a) and (f) of subsection (3) of 
315  section 1002.37, Florida Statutes, are amended to read: 
316         1002.37 The Florida Virtual School.— 
317         (3) Funding for the Florida Virtual School shall be 
318  provided as follows: 
319         (a) A “full-time equivalent student” for the Florida 
320  Virtual School is one student who has successfully completed six 
321  credits that shall count toward the minimum number of credits 
322  required for high school graduation. A student who completes 
323  less than six credits shall be a fraction of a full-time 
324  equivalent student. Half-credit completions shall be included in 
325  determining a full-time equivalent student. Half-credits earned 
326  by a student 20 weeks or more after beginning the course, and 
327  credits earned by a student 40 weeks or more after beginning the 
328  course, are not eligible to be funded and may not be reported. 
329  Credit completed by a student in excess of the minimum required 
330  for that student for high school graduation is not eligible for 
331  funding. 
332         (f) The Florida Virtual School shall receive funds for 
333  operating purposes in an amount determined as follows: multiply 
334  the maximum allowable nonvoted discretionary millage for 
335  operations pursuant to s. 1011.71(1) and (3) by the value of 95 
336  percent of the current year’s taxable value for school purposes 
337  for the state; divide the result by the total full-time 
338  equivalent membership of the state; and multiply the result by 
339  the full-time equivalent membership of the school. The amount 
340  thus obtained shall be discretionary operating funds and shall 
341  be appropriated from state funds in the General Appropriations 
342  Act. 
343         Section 8. Paragraphs (a) and (b) of subsection (1), 
344  paragraph (a) of subsection (2), and subsections (7) and (12) of 
345  section 1002.45, Florida Statutes, are amended to read: 
346         1002.45 School district virtual instruction programs.— 
347         (1) PROGRAM.— 
348         (a) For purposes of this section, the term: 
349         1. “Approved provider” means a provider that is approved by 
350  the Department of Education under subsection (2), the Florida 
351  Virtual School, or a franchise of the Florida Virtual School, or 
352  a public community college. 
353         2. “Virtual instruction program” means a program of 
354  instruction provided in an interactive learning environment 
355  created through technology in which students are separated from 
356  their teachers by time or space, or both, and in which a 
357  Florida-certified teacher under chapter 1012 is responsible for 
358  at least: 
359         a. Fifty percent of the direct instruction to students in 
360  kindergarten through grade 5; or 
361         b. Eighty percent of the direct instruction to students in 
362  grades 6 through 12. 
363         (b) Beginning with the 2009-2010 school year, each school 
364  district shall provide eligible students within its boundaries 
365  the option of participating in a virtual instruction program. 
366  The purpose of the program is to make instruction available to 
367  students using online and distance learning technology in the 
368  nontraditional classroom. The program shall be: 
369         1. Full-time for students enrolled in kindergarten through 
370  grade 12. 
371         2. Full-time or part-time for students in grades 9 through 
372  12 who are enrolled in dropout prevention and academic 
373  intervention programs under s. 1003.53, or Department of 
374  Juvenile Justice education programs under s. 1003.52, core 
375  curricula courses to meet class size requirements, or community 
376  colleges in grades 9 through 12. 
377         (2) PROVIDER QUALIFICATIONS.— 
378         (a) The department shall annually provide school districts 
379  with a list of providers approved to offer virtual instruction 
380  programs. To be approved by the department, a provider must 
381  document that it: 
382         1. Is nonsectarian in its programs, admission policies, 
383  employment practices, and operations; 
384         2. Complies with the antidiscrimination provisions of s. 
385  1000.05; 
386         3. Locates an administrative office or offices in this 
387  state, requires its administrative staff to be state residents, 
388  requires all instructional staff to be Florida-certified 
389  teachers under chapter 1012, and conducts background screenings 
390  for all employees or contracted personnel, as required by s. 
391  1012.32, using state and national criminal history records; 
392         4. Possesses prior, successful experience offering online 
393  courses to elementary, middle, or high school students; and 
394         5. Is accredited by the Southern Association of Colleges 
395  and Schools Council on Accreditation and School Improvement, the 
396  North Central Association Commission on Accreditation and School 
397  Improvement, the Middle States Association of Colleges and 
398  Schools Commission on Elementary Schools and Commission on 
399  Secondary Schools, the New England Association of Schools and 
400  Colleges, the Northwest Association of Accredited Schools, the 
401  Western Association of Schools and Colleges, or the Commission 
402  on International and Trans-Regional Accreditation; and. 
403         6. If the provider is a community college, its instructors 
404  meet the certification requirements for instructional staff. 
405         (7) FUNDING.— 
406         (a) For purposes of a school district virtual instruction 
407  program, “full-time equivalent student” has the same meaning as 
408  provided in s. 1011.61(1)(c)1.b.(III) or (IV). 
409         (b) The school district in which the student resides shall 
410  report full-time equivalent students for the school district 
411  virtual instruction program to the department in a manner 
412  prescribed by the department, and funding shall be provided 
413  through the Florida Education Finance Program. Funds received by 
414  the school district of residence for a student in a virtual 
415  instruction program provided by another school district under 
416  this section shall be transferred to the school district 
417  providing the virtual instruction program. 
418         (c) A community college provider may not report students 
419  who are served in a school district virtual instruction program 
420  for funding under the Community College Program Fund. 
421         (12) STUDY.—The department shall review the advisability of 
422  legislatively authorizing school districts to contract with 
423  approved private providers for the provision of part-time 
424  virtual instruction programs for students in grades 9 through 12 
425  who are not enrolled in programs under ss. 1003.52 and 1003.53. 
426  The department shall report its findings and recommendations to 
427  the presiding officers of the Legislature and the Governor by 
428  January 15, 2010. 
429         Section 9. Paragraphs (c) and (f) of subsection (3) of 
430  section 1002.55, Florida Statutes, are amended to read: 
431         1002.55 School-year prekindergarten program delivered by 
432  private prekindergarten providers.— 
433         (3) To be eligible to deliver the prekindergarten program, 
434  a private prekindergarten provider must meet each of the 
435  following requirements: 
436         (c) The private prekindergarten provider must have, for 
437  each prekindergarten class composed of 12 children or fewer, at 
438  least one prekindergarten instructor who meets each of the 
439  following requirements: 
440         1. The prekindergarten instructor must hold, at a minimum, 
441  one of the following credentials: 
442         a. A child development associate credential issued by the 
443  National Credentialing Program of the Council for Professional 
444  Recognition; or 
445         b. A credential approved by the Department of Children and 
446  Family Services as being equivalent to or greater than the 
447  credential described in sub-subparagraph a. 
448 
449  The Department of Children and Family Services may adopt rules 
450  under ss. 120.536(1) and 120.54 which provide criteria and 
451  procedures for approving equivalent credentials under sub 
452  subparagraph b. 
453         2. The prekindergarten instructor must successfully 
454  complete an emergent literacy training course approved by the 
455  department as meeting or exceeding the minimum standards adopted 
456  under s. 1002.59. This subparagraph does not apply to a 
457  prekindergarten instructor who successfully completes approved 
458  training in early literacy and language development under s. 
459  402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the 
460  establishment of one or more emergent literacy training courses 
461  under s. 1002.59 or April 1, 2005, whichever occurs later. 
462         (f) Each of the private prekindergarten provider’s 
463  prekindergarten classes must be composed of at least 4 students 
464  but may not exceed 24 18 students. In order to protect the 
465  health and safety of students, each private prekindergarten 
466  provider must also provide appropriate adult supervision for 
467  students at all times and, for each prekindergarten class 
468  composed of 13 to 20 11 or more students, must have, in addition 
469  to a prekindergarten instructor who meets the requirements of 
470  paragraph (c), at least one adult prekindergarten instructor who 
471  is not required to meet those requirements but who must meet 
472  each requirement of paragraph (d). Each prekindergarten class 
473  composed of 21 to 24 students must have an additional 
474  prekindergarten instructor who meets the requirements of 
475  paragraph (c). This paragraph does not supersede any requirement 
476  imposed on a provider under ss. 402.301-402.319. 
477         Section 10. Subsection (7) of section 1002.63, Florida 
478  Statutes, is amended to read: 
479         1002.63 School-year prekindergarten program delivered by 
480  public schools.— 
481         (7) Each prekindergarten class in a public school 
482  delivering the school-year prekindergarten program must be 
483  composed of at least 4 students but may not exceed 24 18 
484  students. In order to protect the health and safety of students, 
485  each school must also provide appropriate adult supervision for 
486  students at all times and, for each prekindergarten class 
487  composed of 13 to 20 11 or more students, must have, in addition 
488  to a prekindergarten instructor who meets the requirements of s. 
489  1002.55(3)(c), at least one adult prekindergarten instructor who 
490  is not required to meet those requirements but who must meet 
491  each requirement of subsection (5). Each prekindergarten class 
492  composed of 21 to 24 students must have an additional 
493  prekindergarten instructor who meets the requirements of 
494  paragraph (c). 
495         Section 11. Subsection (7) of section 1002.71, Florida 
496  Statutes, is amended to read: 
497         1002.71 Funding; financial and attendance reporting.— 
498         (7) The Agency for Workforce Innovation shall require that 
499  administrative expenditures be kept to the minimum necessary for 
500  efficient and effective administration of the Voluntary 
501  Prekindergarten Education Program. Administrative policies and 
502  procedures shall be revised, to the maximum extent practicable, 
503  to incorporate the use of automation and electronic submission 
504  of forms, including those required for child eligibility and 
505  enrollment, provider and class registration, and monthly 
506  certification of attendance for payment. A school district may 
507  use its automated daily attendance reporting system for the 
508  purpose of transmitting attendance records to the early learning 
509  coalition in a mutually agreed-upon format. In addition, actions 
510  shall be taken to reduce paperwork, eliminate the duplication of 
511  reports, and eliminate other duplicative activities. Beginning 
512  with the 2010-2011 2008-2009 fiscal year, each early learning 
513  coalition may retain and expend no more than 4.5 4.85 percent of 
514  the funds paid by the coalition to private prekindergarten 
515  providers and public schools under paragraph (5)(b). Funds 
516  retained by an early learning coalition under this subsection 
517  may be used only for administering the Voluntary Prekindergarten 
518  Education Program and may not be used for the school readiness 
519  program or other programs. 
520         Section 12. Subsections (2), (3), and (4) of section 
521  1003.03, Florida Statutes, are amended to read: 
522         1003.03 Maximum class size.— 
523         (2) IMPLEMENTATION.—The Department of Education shall 
524  annually calculate class size measures defined in subsection (1) 
525  based upon the October student membership survey, except that 
526  the calculation for 2010-2011 shall be based on the February 
527  student membership survey. 
528         (a) Beginning with the 2003-2004 fiscal year, each school 
529  district that is not in compliance with the maximums in 
530  subsection (1) shall reduce the average number of students per 
531  classroom in each of the following grade groupings: 
532  prekindergarten through grade 3, grade 4 through grade 8, and 
533  grade 9 through grade 12, by at least two students each year. 
534         (b) Determination of the number of students per classroom 
535  in paragraph (a) shall be calculated as follows: 
536         1. For fiscal years 2003-2004 through 2005-2006, the 
537  calculation for compliance for each of the 3 grade groupings 
538  shall be the average at the district level. 
539         2. For fiscal years 2006-2007 through 2009-2010, the 
540  calculation for compliance for each of the 3 grade groupings 
541  shall be the average at the school level. 
542         3. For fiscal year 2010-2011 and thereafter, the 
543  calculation for compliance shall be at the individual classroom 
544  level. 
545         4. For fiscal years 2006-2007 through 2009-2010 and 
546  thereafter, each teacher assigned to any classroom shall be 
547  included in the calculation for compliance. 
548         (c) The Department of Education shall annually calculate 
549  each of the three average class size measures defined in 
550  paragraphs (a) and (b) based upon the October student membership 
551  survey. For purposes of determining the baseline from which each 
552  district’s average class size must be reduced for the 2003-2004 
553  school year, the department shall use data from the February 
554  2003 student membership survey updated to include classroom 
555  identification numbers as required by the department. 
556         (d) Prior to the adoption of the district school budget for 
557  2004-2005, each district school board shall hold public hearings 
558  to review school attendance zones in order to ensure maximum use 
559  of facilities while minimizing the additional use of 
560  transportation in order to comply with the two-student-per-year 
561  reduction required in paragraph (a). School districts that meet 
562  the constitutional class size maximums described in subsection 
563  (1) are exempt from this requirement. 
564         (3) IMPLEMENTATION OPTIONS.—District school boards must 
565  consider, but are not limited to, implementing the following 
566  items in order to meet the constitutional class size maximums 
567  described in subsection (1) and the two-student-per-year 
568  reduction required in subsection (2): 
569         (a) Adopt policies to encourage qualified students to take 
570  dual enrollment courses. 
571         (b) Adopt policies to encourage students to take courses 
572  from the Florida Virtual School and school district virtual 
573  instruction programs. 
574         (c)1. Repeal district school board policies that require 
575  students to have more than 24 credits to graduate from high 
576  school. 
577         2. Adopt policies to allow students to graduate from high 
578  school as soon as they pass the grade 10 FCAT and complete the 
579  courses required for high school graduation. 
580         (d) Use methods to maximize use of instructional staff, 
581  such as changing required teaching loads and scheduling of 
582  planning periods, deploying district employees that have 
583  professional certification to the classroom, using adjunct 
584  educators, or any other method not prohibited by law. 
585         (e) Use innovative methods to reduce the cost of school 
586  construction by using prototype school designs, using SMART 
587  Schools designs, participating in the School Infrastructure 
588  Thrift Program, or any other method not prohibited by law. 
589         (f) Use joint-use facilities through partnerships with 
590  community colleges, state universities, and private colleges and 
591  universities. Joint-use facilities available for use as K-12 
592  classrooms that do not meet the K-12 State Regulations for 
593  Educational Facilities in the Florida Building Code may be used 
594  at the discretion of the district school board provided that 
595  such facilities meet all other health, life, safety, and fire 
596  codes. 
597         (g) Adopt alternative methods of class scheduling, such as 
598  block scheduling. 
599         (h) Redraw school attendance zones to maximize use of 
600  facilities while minimizing the additional use of 
601  transportation. 
602         (i) Operate schools beyond the normal operating hours to 
603  provide classes in the evening or operate more than one session 
604  of school during the day. 
605         (j) Use year-round schools and other nontraditional 
606  calendars that do not adversely impact annual assessment of 
607  student achievement. 
608         (k) Review and consider amending any collective bargaining 
609  contracts that hinder the implementation of class size 
610  reduction. 
611         (l) Use any other approach not prohibited by law. 
612         (4) ACCOUNTABILITY.— 
613         (a) 1. Beginning in the 2003-2004 fiscal year, if the 
614  department determines for any year that a school district has 
615  not reduced average class size as required in subsection (2) at 
616  the time of the third FEFP calculation, the department shall 
617  calculate an amount from the class size reduction operating 
618  categorical which is proportionate to the amount of class size 
619  reduction not accomplished. Upon verification of the 
620  department’s calculation by the Florida Education Finance 
621  Program Appropriation Allocation Conference and not later than 
622  March 1 of each year, the Executive Office of the Governor shall 
623  transfer undistributed funds equivalent to the calculated amount 
624  from the district’s class size reduction operating categorical 
625  to an approved fixed capital outlay appropriation for class size 
626  reduction in the affected district pursuant to s. 216.292(2)(d). 
627  The amount of funds transferred shall be the lesser of the 
628  amount verified by the Florida Education Finance Program 
629  Appropriation Allocation Conference or the undistributed balance 
630  of the district’s class size reduction operating categorical. 
631         2. In lieu of the transfer required by subparagraph 1., the 
632  Commissioner of Education may recommend a budget amendment, 
633  subject to approval by the Legislative Budget Commission, to 
634  transfer an alternative amount of funds from the district’s 
635  class size reduction operating categorical to its approved fixed 
636  capital outlay account for class size reduction if the 
637  commissioner finds that the State Board of Education has 
638  reviewed evidence indicating that a district has been unable to 
639  meet class size reduction requirements despite appropriate 
640  effort to do so. The commissioner’s budget amendment must be 
641  submitted to the Legislative Budget Commission by February 15 of 
642  each year. 
643         3. For the 2007-2008 fiscal year and thereafter, if in any 
644  fiscal year funds from a district’s class size operating 
645  categorical are required to be transferred to its fixed capital 
646  outlay fund and the district’s class size operating categorical 
647  allocation in the General Appropriations Act for that fiscal 
648  year has been reduced by a subsequent appropriation, the 
649  Commissioner of Education may recommend a 50-percent reduction 
650  in the amount of the transfer. 
651         (a)(b) Beginning in the 2010-2011 fiscal year and each year 
652  thereafter, If the department determines that the number of 
653  students assigned to any individual class exceed exceeds the 
654  class size maximum, as required in subsection (1) (2), at the 
655  time of the third FEFP calculation, except in 2010-2011 at the 
656  time of the fourth calculation, the department shall: 
657         1. Identify, for each grade group, the number of classes in 
658  which the enrollment exceeds the maximum, the number of students 
659  exceed which exceeds the maximum for each class, and the total 
660  number of students that exceed which exceeds the maximum for all 
661  classes. 
662         2. Determine the number of full-time equivalent students 
663  that exceed which exceeds the maximum class size for each grade 
664  group. 
665         3. Multiply the total number of FTE students that exceed 
666  which exceeds the maximum class size for each grade group by the 
667  district’s FTE dollar amount of the class-size-reduction 
668  allocation for that year and calculate the total for all three 
669  grade groups. 
670         4. Multiply the total number of FTE students that exceed 
671  the maximum for all classes by the amount of the base student 
672  allocation adjusted by the district’s district cost 
673  differential. 
674         5.4. Reduce the district’s class-size-reduction operating 
675  categorical allocation by an amount equal to the sum of the 
676  calculations calculation in subparagraphs subparagraph 3. and 4. 
677  The commissioner is authorized to withhold the distribution of 
678  class size allocation reduction funds to the extent necessary to 
679  comply with this section. 
680         (b)(c) Upon verification of the department’s calculation by 
681  the Florida Education Finance Program Appropriation Allocation 
682  Conference and no later than March 1 of each year, the Executive 
683  Office of the Governor shall place these funds in reserve, and 
684  the undistributed funds shall revert to the General Revenue Fund 
685  unallocated at the end of the fiscal year. The amount of funds 
686  reduced shall be the lesser of the amount verified by the 
687  Florida Education Finance Program Appropriation Allocation 
688  Conference or the undistributed balance of the district’s class 
689  size-reduction operating categorical allocation. 
690         (c)(d) In lieu of the reduction calculation in paragraph 
691  (a) (b), if the Commissioner of Education has evidence that a 
692  district was unable to meet the class size requirements despite 
693  appropriate efforts to do so or because of an extreme emergency, 
694  he or she may recommend a budget amendment, subject to approval 
695  of the Legislative Budget Commission, to reduce an alternative 
696  amount of funds from the district’s class-size-reduction 
697  operating categorical allocation. The commissioner’s budget 
698  amendment must be submitted to the Legislative Budget Commission 
699  by February 15 of each year. 
700         (d) The March 1 and February 15 dates in paragraphs (b) and 
701  (c) do not apply for the 2010-2011 fiscal year. 
702         (e)In addition to the calculation required in paragraph 
703  (a), at the time of the third FEFP calculation for the 2009-2010 
704  fiscal year, the department shall also prepare a simulated 
705  calculation based on the requirements in paragraphs (b) and (c). 
706  This simulated calculation shall be provided to the school 
707  districts and the Legislature. 
708         Section 13. Effective upon approval by the electors of 
709  Senate Joint Resolution 2 or House Joint Resolution 7039 in the 
710  2010 General Election and retroactive to the beginning of the 
711  2010-2011 school year, section 1003.03, Florida Statutes, is 
712  amended to read: 
713         1003.03 Maximum class size.— 
714         (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Pursuant to s. 1, 
715  Art. IX of the State Constitution, beginning in the 2010-2011 
716  school year: 
717         (a) The average number of students at the school level 
718  assigned to each teacher who is teaching core-curricula courses 
719  in public school classrooms for prekindergarten through grade 3 
720  may not exceed 18 students and the maximum number of students 
721  assigned to a teacher in an individual class may not exceed 21 
722  students. 
723         (b) The average number of students at the school level 
724  assigned to each teacher who is teaching core-curricula courses 
725  in public school classrooms for grades 4 through 8 may not 
726  exceed 22 students and the maximum number of students assigned 
727  to a teacher in an individual class may not exceed 27 students. 
728         (c) The average number of students at the school level 
729  assigned to each teacher who is teaching core-curricula courses 
730  in public school classrooms for grades 9 through 12 may not 
731  exceed 25 students and the maximum number of students assigned 
732  to a teacher in an individual class may not exceed 30 students. 
733         (a) The maximum number of students assigned to each teacher 
734  who is teaching core-curricula courses in public school 
735  classrooms for prekindergarten through grade 3 may not exceed 18 
736  students. 
737         (b) The maximum number of students assigned to each teacher 
738  who is teaching core-curricula courses in public school 
739  classrooms for grades 4 through 8 may not exceed 22 students. 
740         (c) The maximum number of students assigned to each teacher 
741  who is teaching core-curricula courses in public school 
742  classrooms for grades 9 through 12 may not exceed 25 students. 
743         (2) IMPLEMENTATION.—The Department of Education shall 
744  annually calculate class size as defined in subsection (1) based 
745  upon the October student membership survey, except that the 
746  calculation for the 2010-2011 school year shall be based on the 
747  February student membership survey. The calculation for 
748  compliance for each of the three grade groupings shall be the 
749  number of students assigned to each teacher in an individual 
750  class and the average number of students at the school level 
751  assigned to each teacher. Each teacher assigned to any classroom 
752  shall be included in the calculation for compliance. 
753         (a) Beginning with the 2003-2004 fiscal year, each school 
754  district that is not in compliance with the maximums in 
755  subsection (1) shall reduce the average number of students per 
756  classroom in each of the following grade groupings: 
757  prekindergarten through grade 3, grade 4 through grade 8, and 
758  grade 9 through grade 12, by at least two students each year. 
759         (b) Determination of the number of students per classroom 
760  in paragraph (a) shall be calculated as follows: 
761         1. For fiscal years 2003-2004 through 2005-2006, the 
762  calculation for compliance for each of the 3 grade groupings 
763  shall be the average at the district level. 
764         2. For fiscal years 2006-2007 through 2009-2010, the 
765  calculation for compliance for each of the 3 grade groupings 
766  shall be the average at the school level. 
767         3. For fiscal year 2010-2011 and thereafter, the 
768  calculation for compliance shall be at the individual classroom 
769  level. 
770         4. For fiscal years 2006-2007 through 2009-2010 and 
771  thereafter, each teacher assigned to any classroom shall be 
772  included in the calculation for compliance. 
773         (c) The Department of Education shall annually calculate 
774  each of the three average class size measures defined in 
775  paragraphs (a) and (b) based upon the October student membership 
776  survey. For purposes of determining the baseline from which each 
777  district’s average class size must be reduced for the 2003-2004 
778  school year, the department shall use data from the February 
779  2003 student membership survey updated to include classroom 
780  identification numbers as required by the department. 
781         (d) Prior to the adoption of the district school budget for 
782  2004-2005, each district school board shall hold public hearings 
783  to review school attendance zones in order to ensure maximum use 
784  of facilities while minimizing the additional use of 
785  transportation in order to comply with the two-student-per-year 
786  reduction required in paragraph (a). School districts that meet 
787  the constitutional class size maximums described in subsection 
788  (1) are exempt from this requirement. 
789         (3) IMPLEMENTATION OPTIONS.—District school boards must 
790  consider, but are not limited to, implementing the following 
791  items in order to meet the constitutional class size maximums 
792  described in subsection (1) and the two-student-per-year 
793  reduction required in subsection (2): 
794         (a) Adopt policies to encourage qualified students to take 
795  dual enrollment courses. 
796         (b) Adopt policies to encourage students to take courses 
797  from the Florida Virtual School and school district virtual 
798  instruction programs. 
799         (c)1. Repeal district school board policies that require 
800  students to have more than 24 credits to graduate from high 
801  school. 
802         2. Adopt policies to allow students to graduate from high 
803  school as soon as they pass the grade 10 FCAT and complete the 
804  courses required for high school graduation. 
805         (d) Use methods to maximize use of instructional staff, 
806  such as changing required teaching loads and scheduling of 
807  planning periods, deploying district employees that have 
808  professional certification to the classroom, using adjunct 
809  educators, or any other method not prohibited by law. 
810         (e) Use innovative methods to reduce the cost of school 
811  construction by using prototype school designs, using SMART 
812  Schools designs, participating in the School Infrastructure 
813  Thrift Program, or any other method not prohibited by law. 
814         (f) Use joint-use facilities through partnerships with 
815  community colleges, state universities, and private colleges and 
816  universities. Joint-use facilities available for use as K-12 
817  classrooms that do not meet the K-12 State Regulations for 
818  Educational Facilities in the Florida Building Code may be used 
819  at the discretion of the district school board provided that 
820  such facilities meet all other health, life, safety, and fire 
821  codes. 
822         (g) Adopt alternative methods of class scheduling, such as 
823  block scheduling. 
824         (h) Redraw school attendance zones to maximize use of 
825  facilities while minimizing the additional use of 
826  transportation. 
827         (i) Operate schools beyond the normal operating hours to 
828  provide classes in the evening or operate more than one session 
829  of school during the day. 
830         (j) Use year-round schools and other nontraditional 
831  calendars that do not adversely impact annual assessment of 
832  student achievement. 
833         (k) Review and consider amending any collective bargaining 
834  contracts that hinder the implementation of class size 
835  reduction. 
836         (l) Use any other approach not prohibited by law. 
837         (4) ACCOUNTABILITY.— 
838         (a) If the department determines that the number of 
839  students assigned to any individual class exceeds the classroom 
840  maximum, or if the department determines that the school average 
841  is greater than the school level maximum, the department shall 
842  identify for each of three grade groups: 
843         1. The number of FTE students in an individual classroom 
844  that are greater than the classroom maximum and the number of 
845  FTE students that are greater than the school level average, not 
846  including the number of FTE that are greater than the classroom 
847  maximum. 
848         2. Multiply the total number of FTE students as calculated 
849  in subparagraph 1. which exceed the maximum class size for each 
850  grade group by the district’s FTE dollar amount of the class 
851  size-reduction allocation for that year and calculate the total 
852  dollar amount for all three grade groups. 
853         3. Multiply the total number of FTE students as calculated 
854  in subparagraph 1. which exceed the maximum by the amount of the 
855  base student allocation adjusted by the district cost 
856  differential. 
857         4. Reduce the district’s class-size-reduction operating 
858  categorical allocation by an amount equal to the sum of the 
859  calculations in subparagraphs 2. and 3. The commissioner is 
860  authorized to withhold the distribution of class size reduction 
861  allocation funds to the extent necessary to comply with this 
862  section. 
863         (a)1. Beginning in the 2003-2004 fiscal year, if the 
864  department determines for any year that a school district has 
865  not reduced average class size as required in subsection (2) at 
866  the time of the third FEFP calculation, the department shall 
867  calculate an amount from the class size reduction operating 
868  categorical which is proportionate to the amount of class size 
869  reduction not accomplished. Upon verification of the 
870  department’s calculation by the Florida Education Finance 
871  Program Appropriation Allocation Conference and not later than 
872  March 1 of each year, the Executive Office of the Governor shall 
873  transfer undistributed funds equivalent to the calculated amount 
874  from the district’s class size reduction operating categorical 
875  to an approved fixed capital outlay appropriation for class size 
876  reduction in the affected district pursuant to s. 216.292(2)(d). 
877  The amount of funds transferred shall be the lesser of the 
878  amount verified by the Florida Education Finance Program 
879  Appropriation Allocation Conference or the undistributed balance 
880  of the district’s class size reduction operating categorical. 
881         2. In lieu of the transfer required by subparagraph 1., the 
882  Commissioner of Education may recommend a budget amendment, 
883  subject to approval by the Legislative Budget Commission, to 
884  transfer an alternative amount of funds from the district’s 
885  class size reduction operating categorical to its approved fixed 
886  capital outlay account for class size reduction if the 
887  commissioner finds that the State Board of Education has 
888  reviewed evidence indicating that a district has been unable to 
889  meet class size reduction requirements despite appropriate 
890  effort to do so. The commissioner’s budget amendment must be 
891  submitted to the Legislative Budget Commission by February 15 of 
892  each year. 
893         3. For the 2007-2008 fiscal year and thereafter, if in any 
894  fiscal year funds from a district’s class size operating 
895  categorical are required to be transferred to its fixed capital 
896  outlay fund and the district’s class size operating categorical 
897  allocation in the General Appropriations Act for that fiscal 
898  year has been reduced by a subsequent appropriation, the 
899  Commissioner of Education may recommend a 50-percent reduction 
900  in the amount of the transfer. 
901         (b)(c) Upon verification of the department’s calculation by 
902  the Florida Education Finance Program Appropriation Allocation 
903  Conference and no later than March 1 of each year, the Executive 
904  Office of the Governor shall place these funds in reserve, and 
905  the undistributed funds shall revert to the General Revenue Fund 
906  unallocated at the end of the fiscal year. The amount of funds 
907  reduced shall be the lesser of the amount verified by the 
908  Florida Education Finance Program Appropriation Allocation 
909  Conference or the undistributed balance of the district’s class 
910  size-reduction operating categorical allocation. 
911         (c)(d) In lieu of the reduction calculation in paragraph 
912  (a) (b), if the Commissioner of Education has evidence that a 
913  district has been unable to meet the class size requirements 
914  despite appropriate efforts to do so or because of an extreme 
915  emergency, he or she may recommend a budget amendment, subject 
916  to approval of the Legislative Budget Commission, to reduce an 
917  alternative amount of funds from the district’s class-size 
918  reduction operating categorical allocation. The commissioner’s 
919  budget amendment must be submitted to the Legislative Budget 
920  Commission by February 15 of each year. 
921         (d) The March 1 and February 15 dates in paragraphs (b) and 
922  (c) do not apply for the 2010-2011 fiscal year. 
923         (e) In addition to the calculation required in paragraph 
924  (a), at the time of the third FEFP calculation for the 2009-2010 
925  fiscal year, the department shall also prepare a simulated 
926  calculation based on the requirements in paragraphs (b) and (c). 
927  This simulated calculation shall be provided to the school 
928  districts and the Legislature. 
929         (5) TEAM-TEACHING STRATEGIES.— 
930         (a) School districts may use teaching strategies that 
931  include the assignment of more than one teacher to a classroom 
932  of students and that were implemented before July 1, 2005. 
933  Effective July 1, 2005, school districts may implement 
934  additional teaching strategies that include the assignment of 
935  more than one teacher to a classroom of students for the 
936  following purposes only: 
937         1. Pairing teachers for the purpose of staff development. 
938         2. Pairing new teachers with veteran teachers. 
939         3. Reducing turnover among new teachers. 
940         4. Pairing teachers who are teaching out-of-field with 
941  teachers who are in-field. 
942         5. Providing for more flexibility and innovation in the 
943  classroom. 
944         6. Improving learning opportunities for students, including 
945  students who have disabilities. 
946         (b) Teaching strategies, including team teaching, co 
947  teaching, or inclusion teaching, implemented on or after July 1, 
948  2005, pursuant to paragraph (a) may be implemented subject to 
949  the following restrictions: 
950         1. Reasonable limits shall be placed on the number of 
951  students in a classroom so that classrooms are not overcrowded. 
952  Teacher-to-student ratios within a curriculum area or grade 
953  level must not exceed constitutional limits. 
954         2. At least one member of the team must have at least 3 
955  years of teaching experience. 
956         3. At least one member of the team must be teaching in 
957  field. 
958         4. The teachers must be trained in team-teaching methods 
959  within 1 year after assignment. 
960         (c) As used in this subsection, the term: 
961         1. “Team teaching” or “co-teaching” means two or more 
962  teachers are assigned to a group of students and each teacher is 
963  responsible for all of the students during the entire class 
964  period. In order to be considered team teaching or co-teaching, 
965  each teacher is responsible for planning, delivering, and 
966  evaluating instruction for all students in the class or subject 
967  for the entire class period. 
968         2. “Inclusion teaching” means two or more teachers are 
969  assigned to a group of students, but one of the teachers is 
970  responsible for only one student or a small group of students in 
971  the classroom. 
972 
973  The use of strategies implemented as outlined in this subsection 
974  meets the letter and intent of the Florida Constitution and the 
975  Florida Statutes which relate to implementing class size 
976  reduction, and this subsection applies retroactively. A school 
977  district may not be penalized financially or otherwise as a 
978  result of the use of any legal strategy, including, but not 
979  limited to, those set forth in subsection (3) and this 
980  subsection. 
981         Section 14. Subsection (2) of section 1003.492, Florida 
982  Statutes, is amended to read: 
983         1003.492 Industry-certified career education programs.— 
984         (2) The State Board of Education shall use the expertise of 
985  Workforce Florida, Inc., and Enterprise Florida, Inc., to 
986  develop and adopt rules pursuant to ss. 120.536(1) and 120.54 
987  for implementing an industry certification process. Industry 
988  certification shall be defined by the Agency for Workforce 
989  Innovation, based upon the highest available national standards 
990  for specific industry certification, to ensure student skill 
991  proficiency and to address emerging labor market and industry 
992  trends. A regional workforce board or a career and professional 
993  academy may apply to Workforce Florida, Inc., to request 
994  additions to the approved list of industry certifications based 
995  on high-demand job requirements in the regional economy. The 
996  list of industry certifications approved by Workforce Florida, 
997  Inc., and the Department of Education shall be published and 
998  updated annually by a date certain, to be included in the 
999  adopted rule. 
1000         Section 15. Subsection (1) of section 1006.28, Florida 
1001  Statutes, is amended to read: 
1002         1006.28 Duties of district school board, district school 
1003  superintendent; and school principal regarding K-12 
1004  instructional materials.— 
1005         (1) DISTRICT SCHOOL BOARD.—The district school board has 
1006  the duty to provide adequate instructional materials for all 
1007  students in accordance with the requirements of this part. The 
1008  term “adequate instructional materials” means a sufficient 
1009  number of textbooks or sets of materials that are available in 
1010  bound, unbound, kit, or package form and may consist of hard 
1011  backed or soft-backed textbooks, electronic content, 
1012  consumables, learning laboratories, manipulatives, electronic 
1013  media, and computer courseware or software that serve as the 
1014  basis for instruction for each student in the core courses of 
1015  mathematics, language arts, social studies, science, reading, 
1016  and literature, except for instruction for which the school 
1017  advisory council approves the use of a program that does not 
1018  include a textbook as a major tool of instruction. The district 
1019  school board has the following specific duties: 
1020         (a) Courses of study; adoption.—Adopt courses of study for 
1021  use in the schools of the district. 
1022         (b) Textbooks.—Provide for proper requisitioning, 
1023  distribution, accounting, storage, care, and use of all 
1024  instructional materials furnished by the state and furnish such 
1025  other instructional materials as may be needed. The district 
1026  school board shall assure that instructional materials used in 
1027  the district are consistent with the district goals and 
1028  objectives and the curriculum frameworks adopted by rule of the 
1029  State Board of Education, as well as with the state and district 
1030  performance standards provided for in s. 1001.03(1). 
1031         (c) Other instructional materials.—Provide such other 
1032  teaching accessories and aids as are needed for the school 
1033  district’s educational program. 
1034         (d) School library media services; establishment and 
1035  maintenance.—Establish and maintain a program of school library 
1036  media services for all public schools in the district, including 
1037  school library media centers, or school library media centers 
1038  open to the public, and, in addition such traveling or 
1039  circulating libraries as may be needed for the proper operation 
1040  of the district school system. 
1041         Section 16. Section 1006.281, Florida Statutes, is created 
1042  to read: 
1043         1006.281 Learning management systems.— 
1044         (1) To ensure that all school districts have equitable 
1045  access to digitally rich instructional materials, districts are 
1046  encouraged to provide access to an electronic learning 
1047  management system that allows teachers, students, and parents to 
1048  access, organize, and use electronically available instructional 
1049  materials and teaching and learning tools and resources, and 
1050  that enables teachers to manage, assess, and track student 
1051  learning. 
1052         (2) To the extent fiscally and technologically feasible, a 
1053  school district’s electronic learning management system should 
1054  allow for a single, authenticated sign-on and include the 
1055  following functionality: 
1056         (a) Vertically searches for, gathers, and organizes 
1057  specific standards-based instructional materials. 
1058         (b) Enables teachers to prepare lessons, individualize 
1059  student instruction, and use best practices in providing 
1060  instruction. 
1061         (c) Provides communication, including access to up-to-date 
1062  student performance data, in order to help teachers and parents 
1063  better serve the needs of students. 
1064         (d) Provides access for administrators to ensure quality of 
1065  instruction within every classroom. 
1066         (e) Provides access to multiple content providers. 
1067         (3) The Department of Education shall provide assistance as 
1068  requested by school districts in their deployment of a district 
1069  electronic learning management system. 
1070         Section 17. Subsection (4) of section 1006.29, Florida 
1071  Statutes, is amended to read: 
1072         1006.29 State instructional materials committees.— 
1073         (4) For purposes of state adoption, “instructional 
1074  materials” means items having intellectual content that by 
1075  design serve as a major tool for assisting in the instruction of 
1076  a subject or course. These items may be available in bound, 
1077  unbound, kit, or package form and may consist of hardbacked or 
1078  softbacked textbooks, electronic content, consumables, learning 
1079  laboratories, manipulatives, electronic media, and computer 
1080  courseware or software. The term does not include electronic or 
1081  computer hardware even if such hardware is bundled with software 
1082  or other electronic media, nor does it include equipment or 
1083  supplies. A publisher or manufacturer providing instructional 
1084  materials as a single bundle shall also make the instructional 
1085  materials available as separate and unbundled items, each priced 
1086  individually. Any instructional materials adopted after 2012 
1087  2013 for students in grades 9 through 12 shall be provided 
1088  primarily in an electronic format. 
1089         Section 18. Paragraph (b) of subsection (1) of section 
1090  1006.33, Florida Statutes, is amended to read: 
1091         1006.33 Bids or proposals; advertisement and its contents.— 
1092         (1) 
1093         (b) The advertisement shall state that, beginning in 2010 
1094  2011, each bidder shall furnish electronic specimen copies of 
1095  all instructional materials submitted, at a time designated by 
1096  the department, which specimen copies shall be identical with 
1097  the copies approved and accepted by the members of the state 
1098  instructional materials committee, as prescribed in this 
1099  section, and with the copies furnished to the department and 
1100  district school superintendents, as provided in this part. Any 
1101  district school superintendent who requires samples in addition 
1102  to the electronic format must request those samples through the 
1103  department. 
1104         Section 19. Paragraph (a) of subsection (3) and subsection 
1105  (4) of section 1006.40, Florida Statutes, are amended to read: 
1106         (3)(a) Each district school board shall use the annual 
1107  allocation for the purchase of instructional materials included 
1108  on the state-adopted list, except as otherwise authorized in 
1109  paragraphs (b) and (c). No less than 50 percent of the annual 
1110  allocation shall be used to purchase items which will be used to 
1111  provide instruction to students at the level or levels for which 
1112  the materials are designed. Beginning with the 2012-2013 fiscal 
1113  year, not less than 10 percent of the annual allocation shall be 
1114  used to purchase items for which the major tool of instruction 
1115  is used electronically. 
1116         (4) The funds described in subsection (3) which district 
1117  school boards may use to purchase materials not on the state 
1118  adopted list shall be used for the purchase of instructional 
1119  materials or other items having intellectual content which 
1120  assist in the instruction of a subject or course. These items 
1121  may be available in bound, unbound, kit, or package form and may 
1122  consist of hardbacked or softbacked textbooks, electronic 
1123  content, replacements for items which were part of previously 
1124  purchased instructional materials, consumables, learning 
1125  laboratories, manipulatives, electronic media, computer 
1126  courseware or software, and other commonly accepted 
1127  instructional tools as prescribed by district school board rule. 
1128  The funds available to district school boards for the purchase 
1129  of materials not on the state-adopted list may not be used to 
1130  purchase electronic or computer hardware even if such hardware 
1131  is bundled with software or other electronic media, nor may such 
1132  funds be used to purchase equipment or supplies. However, when 
1133  authorized to do so in the General Appropriations Act, a school 
1134  or district school board may use a portion of the funds 
1135  available to it for the purchase of materials not on the state 
1136  adopted list to purchase science laboratory materials and 
1137  supplies. 
1138         Section 20. Subsection (1) of section 1007.27, Florida 
1139  Statutes, is amended to read: 
1140         1007.27 Articulated acceleration mechanisms.— 
1141         (1) It is the intent of the Legislature that a variety of 
1142  articulated acceleration mechanisms be available for secondary 
1143  and postsecondary students attending public educational 
1144  institutions. It is intended that articulated acceleration serve 
1145  to shorten the time necessary for a student to complete the 
1146  requirements associated with the conference of a high school 
1147  diploma and a postsecondary degree, broaden the scope of 
1148  curricular options available to students, or increase the depth 
1149  of study available for a particular subject. Articulated 
1150  acceleration mechanisms shall include, but not be limited to, 
1151  dual enrollment as provided for in s. 1007.271, early admission, 
1152  advanced placement, credit by examination, the International 
1153  Baccalaureate Program, and the Advanced International 
1154  Certificate of Education Program. Credit earned through the 
1155  Florida Virtual School shall provide additional opportunities 
1156  for early graduation and acceleration. Students of Florida 
1157  public secondary schools enrolled pursuant to this subsection 
1158  shall be deemed authorized users of the state-funded electronic 
1159  library resources that are licensed for public colleges and 
1160  universities by the Florida Center for Library Automation and 
1161  the College Center for Library Automation. Verification of 
1162  eligibility shall be in accordance with rules established by the 
1163  State Board of Education and the Board of Governors and 
1164  processes implemented by public colleges and universities. 
1165         Section 21. Paragraph (c) of subsection (3) of section 
1166  1008.34, Florida Statutes, is amended to read: 
1167         1008.34 School grading system; school report cards; 
1168  district grade.— 
1169         (3) DESIGNATION OF SCHOOL GRADES.— 
1170         (c) Student assessment data used in determining school 
1171  grades shall include: 
1172         1. The aggregate scores of all eligible students enrolled 
1173  in the school who have been assessed on the FCAT. 
1174         2. The aggregate scores of all eligible students enrolled 
1175  in the school who have been assessed on the FCAT and who have 
1176  scored at or in the lowest 25th percentile of students in the 
1177  school in reading, mathematics, or writing, unless these 
1178  students are exhibiting satisfactory performance. 
1179         3. Effective with the 2005-2006 school year, the 
1180  achievement scores and learning gains of eligible students 
1181  attending alternative schools that provide dropout prevention 
1182  and academic intervention services pursuant to s. 1003.53. The 
1183  term “eligible students” in this subparagraph does not include 
1184  students attending an alternative school who are subject to 
1185  district school board policies for expulsion for repeated or 
1186  serious offenses, who are in dropout retrieval programs serving 
1187  students who have officially been designated as dropouts, or who 
1188  are in programs operated or contracted by the Department of 
1189  Juvenile Justice. The student performance data for eligible 
1190  students identified in this subparagraph shall be included in 
1191  the calculation of the home school’s grade. As used in this 
1192  section and s. 1008.341, the term “home school” means the school 
1193  to which the student would be assigned if the student were not 
1194  assigned to an alternative school. If an alternative school 
1195  chooses to be graded under this section, student performance 
1196  data for eligible students identified in this subparagraph shall 
1197  not be included in the home school’s grade but shall be included 
1198  only in the calculation of the alternative school’s grade. A 
1199  school district that fails to assign the FCAT scores of each of 
1200  its students to his or her home school or to the alternative 
1201  school that receives a grade shall forfeit Florida School 
1202  Recognition Program funds for 1 fiscal year. School districts 
1203  must require collaboration between the home school and the 
1204  alternative school in order to promote student success. This 
1205  collaboration must include an annual discussion between the 
1206  principal of the alternative school and the principal of each 
1207  student’s home school concerning the most appropriate school 
1208  assignment of the student. 
1209         4. Beginning with the 2009-2010 school year for schools 
1210  comprised of high school grades 9, 10, 11, and 12, or grades 10, 
1211  11, and 12, the data listed in subparagraphs 1.-3. and the 
1212  following data as the Department of Education determines such 
1213  data are valid and available: 
1214         a. The high school graduation rate of the school as 
1215  calculated by the Department of Education; 
1216         b. The successful completion participation rate of all 
1217  eligible students enrolled in the school and enrolled in College 
1218  Board Advanced Placement courses; International Baccalaureate 
1219  courses; dual enrollment courses; Advanced International 
1220  Certificate of Education courses; and courses or sequence of 
1221  courses leading to industry certification, as determined by the 
1222  Agency for Workforce Innovation under s. 1003.492(2) in a career 
1223  and professional academy, as described in s. 1003.493; 
1224         c. The aggregate scores of all eligible students enrolled 
1225  in the school in College Board Advanced Placement courses, 
1226  International Baccalaureate courses, and Advanced International 
1227  Certificate of Education courses; 
1228         d. Earning of college credit by all eligible students 
1229  enrolled in the school in dual enrollment programs under s. 
1230  1007.271; 
1231         e. Earning of an industry certification, as determined by 
1232  the Agency for Workforce Innovation under s. 1003.492(2) in a 
1233  career and professional academy, as described in s. 1003.493; 
1234         f. The aggregate scores of all eligible students enrolled 
1235  in the school in reading, mathematics, and other subjects as 
1236  measured by the SAT, the ACT, and the common placement test for 
1237  postsecondary readiness; 
1238         g. The high school graduation rate of all eligible at-risk 
1239  students enrolled in the school who scored at Level 2 or lower 
1240  on the grade 8 FCAT Reading and Mathematics examinations; 
1241         h. The performance of the school’s students on statewide 
1242  standardized end-of-course assessments administered under s. 
1243  1008.22; and 
1244         i. The growth or decline in the data components listed in 
1245  sub-subparagraphs a.-h. from year to year. 
1246 
1247  The State Board of Education shall adopt appropriate criteria 
1248  for each school grade. The criteria must also give added weight 
1249  to student achievement in reading. Schools designated with a 
1250  grade of “C,” making satisfactory progress, shall be required to 
1251  demonstrate that adequate progress has been made by students in 
1252  the school who are in the lowest 25th percentile in reading, 
1253  mathematics, or writing on the FCAT, unless these students are 
1254  exhibiting satisfactory performance. Beginning with the 2009 
1255  2010 school year for schools comprised of high school grades 9, 
1256  10, 11, and 12, or grades 10, 11, and 12, the criteria for 
1257  school grades must also give added weight to the graduation rate 
1258  of all eligible at-risk students, as defined in this paragraph. 
1259  Beginning in the 2009-2010 school year, in order for a high 
1260  school to be designated as having a grade of “A,” making 
1261  excellent progress, the school must demonstrate that at-risk 
1262  students, as defined in this paragraph, in the school are making 
1263  adequate progress. 
1264         Section 22. Section 1011.03, Florida Statutes, is amended 
1265  to read: 
1266         1011.03 Public hearings; budget to be submitted to 
1267  Department of Education.— 
1268         (1) Each district school board must cause a summary of its 
1269  tentative budget, including the proposed millage levies as 
1270  provided for by law, and graphs illustrating a historical 
1271  summary of financial and demographic data, to be posted online 
1272  and advertised at least one time as a full-page advertisement in 
1273  a the newspaper of general with the largest circulation 
1274  published in the district or to be posted at the courthouse door 
1275  if there be no such newspaper. 
1276         (2)(a) The advertisement must include a graph illustrating 
1277  the historical summary of financial and demographic data for 
1278  each of the following data values which shall be plotted along 
1279  the vertical axis of each graph: 
1280         1. Total revenue provided to the school district from all 
1281  sources for the corresponding fiscal year, including all 
1282  federal, state, and local revenue. 
1283         2. Total revenue provided to the school district for the 
1284  corresponding fiscal year for current operations. 
1285         3. Total revenue provided to the school district for the 
1286  corresponding fiscal year for fixed capital outlay projects. 
1287         4. Total revenue provided to the school district for the 
1288  corresponding fiscal year for debt service. 
1289         5. Total number of unweighted full-time equivalent 
1290  students, inclusive of all programs listed in s. 1011.62. 
1291         6. Total revenue provided to the school district for 
1292  current operations divided by the number of unweighted full-time 
1293  equivalent students for the corresponding fiscal year. 
1294         7. Total number of employees of the school district for the 
1295  corresponding fiscal year. 
1296         8. Total number of employees of the school district 
1297  classified as instructional personnel under s. 1012.01 for the 
1298  corresponding fiscal year. 
1299         (b) Each graph must include a separate histogram 
1300  corresponding to the financial and demographic data for each of 
1301  the following fiscal years, which shall be plotted along the 
1302  horizontal axis of each graph: 
1303         1. Current fiscal year. 
1304         2. Fiscal year that is 5 years before the current fiscal 
1305  year. 
1306         3. Fiscal year that is 10 years before the current fiscal 
1307  year. 
1308         (c) The numeric value of the financial and demographic data 
1309  corresponding to each histogram must be included in each graph. 
1310         (2)(3) The advertisement of a district that has been 
1311  required by the Legislature to increase classroom expenditures 
1312  pursuant to s. 1011.64 must include the following statement: 
1313 
1314  “This proposed budget reflects an increase in classroom 
1315  expenditures as a percent of total current operating 
1316  expenditures of XX percent over the (previous fiscal year) 
1317  fiscal year. This increase in classroom expenditures is required 
1318  by the Legislature because the district has performed below the 
1319  required performance standard on XX of XX student performance 
1320  standards for the (previous school year) school year. In order 
1321  to achieve the legislatively required level of classroom 
1322  expenditures as a percentage of total operating expenditures, 
1323  the proposed budget includes an increase in overall classroom 
1324  expenditures of $XX,XXX,XXX above the amount spent for this same 
1325  purpose during the (previous fiscal year) fiscal year. In order 
1326  to achieve improved student academic performance, this proposed 
1327  increase is being budgeted for the following activities: 
1328  ...(list activities and amount budgeted)....” 
1329         (3)(4) The advertisement shall appear adjacent to the 
1330  advertisement required pursuant to s. 200.065. The State Board 
1331  of Education may adopt rules necessary to provide specific 
1332  requirements for the format of the advertisement. 
1333         (4)(5) The board shall hold public hearings to adopt 
1334  tentative and final budgets pursuant to s. 200.065. The hearings 
1335  shall be primarily for the purpose of hearing requests and 
1336  complaints from the public regarding the budgets and the 
1337  proposed tax levies and for explaining the budget and proposed 
1338  or adopted amendments thereto, if any. The district school board 
1339  shall then require the superintendent to transmit forthwith two 
1340  copies of the adopted budget to the Department of Education for 
1341  approval as prescribed by law and rules of the State Board of 
1342  Education. 
1343         Section 23. Subsection (2) of section 1011.60, Florida 
1344  Statutes, is amended to read: 
1345         1011.60 Minimum requirements of the Florida Education 
1346  Finance Program.—Each district which participates in the state 
1347  appropriations for the Florida Education Finance Program shall 
1348  provide evidence of its effort to maintain an adequate school 
1349  program throughout the district and shall meet at least the 
1350  following requirements: 
1351         (2) MINIMUM TERM.—Operate all schools for a term of 180 
1352  actual teaching days or the equivalent on an hourly basis as 
1353  specified by rules of the State Board of Education each school 
1354  year. The State Board of Education may prescribe procedures for 
1355  altering, and, upon written application, may alter, this 
1356  requirement during a national, state, or local emergency as it 
1357  may apply to an individual school or schools in any district or 
1358  districts if, in the opinion of the board, it is not feasible to 
1359  make up lost days or hours, and the apportionment may, at the 
1360  discretion of the Commissioner of Education and if the board 
1361  determines that the reduction of school days or hours is caused 
1362  by the existence of a bona fide emergency, be reduced for such 
1363  district or districts in proportion to the decrease in the 
1364  length of term in any such school or schools. A strike, as 
1365  defined in s. 447.203(6), by employees of the school district 
1366  may not be considered an emergency. 
1367         Section 24. Paragraphs (m), (n), (o), (p), and (q) of 
1368  subsection (1), paragraph (b) of subsection (6), paragraph (d) 
1369  of subsection (7), and paragraph (a) of subsection (12) of 
1370  section 1011.62, Florida Statutes, are amended to read: 
1371         1011.62 Funds for operation of schools.—If the annual 
1372  allocation from the Florida Education Finance Program to each 
1373  district for operation of schools is not determined in the 
1374  annual appropriations act or the substantive bill implementing 
1375  the annual appropriations act, it shall be determined as 
1376  follows: 
1377         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 
1378  OPERATION.—The following procedure shall be followed in 
1379  determining the annual allocation to each district for 
1380  operation: 
1381         (m) Calculation of additional full-time equivalent 
1382  membership based on international baccalaureate examination 
1383  scores of students.—A value of 0.1 0.16 full-time equivalent 
1384  student membership shall be calculated for each student enrolled 
1385  in an international baccalaureate course who receives a score of 
1386  4 or higher on a subject examination. A value of 0.3 full-time 
1387  equivalent student membership shall be calculated for each 
1388  student who receives an international baccalaureate diploma. 
1389  Such value shall be added to the total full-time equivalent 
1390  student membership in basic programs for grades 9 through 12 in 
1391  the subsequent fiscal year. The school district shall distribute 
1392  to each classroom teacher who provided international 
1393  baccalaureate instruction: 
1394         1. A bonus in the amount of $25 $50 for each student taught 
1395  by the International Baccalaureate teacher in each international 
1396  baccalaureate course who receives a score of 4 or higher on the 
1397  international baccalaureate examination. 
1398         2. An additional bonus of $250 $500 to each International 
1399  Baccalaureate teacher in a school designated with a grade of “D” 
1400  or “F” who has at least one student scoring 4 or higher on the 
1401  international baccalaureate examination, regardless of the 
1402  number of classes taught or of the number of students scoring a 
1403  4 or higher on the international baccalaureate examination. 
1404 
1405  Bonuses awarded to a teacher according to this paragraph shall 
1406  not exceed $1,000 $2,000 in any given school year and shall be 
1407  in addition to any regular wage or other bonus the teacher 
1408  received or is scheduled to receive. 
1409         (n) Calculation of additional full-time equivalent 
1410  membership based on Advanced International Certificate of 
1411  Education examination scores of students.—A value of 0.1 0.16 
1412  full-time equivalent student membership shall be calculated for 
1413  each student enrolled in a full-credit Advanced International 
1414  Certificate of Education course who receives a score of E or 
1415  higher on a subject examination. A value of 0.05 0.08 full-time 
1416  equivalent student membership shall be calculated for each 
1417  student enrolled in a half-credit Advanced International 
1418  Certificate of Education course who receives a score of E or 
1419  higher on a subject examination. A value of 0.3 full-time 
1420  equivalent student membership shall be calculated for each 
1421  student who receives an Advanced International Certificate of 
1422  Education diploma. Such value shall be added to the total full 
1423  time equivalent student membership in basic programs for grades 
1424  9 through 12 in the subsequent fiscal year. The school district 
1425  shall distribute to each classroom teacher who provided Advanced 
1426  International Certificate of Education instruction: 
1427         1. A bonus in the amount of $25 $50 for each student taught 
1428  by the Advanced International Certificate of Education teacher 
1429  in each full-credit Advanced International Certificate of 
1430  Education course who receives a score of E or higher on the 
1431  Advanced International Certificate of Education examination. A 
1432  bonus in the amount of $12.50 $25 for each student taught by the 
1433  Advanced International Certificate of Education teacher in each 
1434  half-credit Advanced International Certificate of Education 
1435  course who receives a score of E or higher on the Advanced 
1436  International Certificate of Education examination. 
1437         2. An additional bonus of $250 $500 to each Advanced 
1438  International Certificate of Education teacher in a school 
1439  designated with a grade of “D” or “F” who has at least one 
1440  student scoring E or higher on the full-credit Advanced 
1441  International Certificate of Education examination, regardless 
1442  of the number of classes taught or of the number of students 
1443  scoring an E or higher on the full-credit Advanced International 
1444  Certificate of Education examination. 
1445         3. Additional bonuses of $125 $250 each to teachers of 
1446  half-credit Advanced International Certificate of Education 
1447  classes in a school designated with a grade of “D” or “F” which 
1448  has at least one student scoring an E or higher on the half 
1449  credit Advanced International Certificate of Education 
1450  examination in that class. The maximum additional bonus for a 
1451  teacher awarded in accordance with this subparagraph shall not 
1452  exceed $250 $500 in any given school year. Teachers receiving an 
1453  award under subparagraph 2. are not eligible for a bonus under 
1454  this subparagraph. 
1455 
1456  Bonuses awarded to a teacher according to this paragraph shall 
1457  not exceed $1,000 $2,000 in any given school year and shall be 
1458  in addition to any regular wage or other bonus the teacher 
1459  received or is scheduled to receive. 
1460         (o) Calculation of additional full-time equivalent 
1461  membership based on college board advanced placement scores of 
1462  students.—A value of 0.1 0.16 full-time equivalent student 
1463  membership shall be calculated for each student in each advanced 
1464  placement course who receives a score of 3 or higher on the 
1465  College Board Advanced Placement Examination for the prior year 
1466  and added to the total full-time equivalent student membership 
1467  in basic programs for grades 9 through 12 in the subsequent 
1468  fiscal year. A student who receives a score of 3 or higher and 
1469  did not take the advanced placement course is not eligible for 
1470  the 0.1 FTE membership. Each district must allocate at least 80 
1471  percent of the funds provided to the district for advanced 
1472  placement instruction, in accordance with this paragraph, to the 
1473  high school that generates the funds. The school district shall 
1474  distribute to each classroom teacher who provided advanced 
1475  placement instruction: 
1476         1. A bonus in the amount of $25 $50 for each student taught 
1477  by the Advanced Placement teacher in each advanced placement 
1478  course who receives a score of 3 or higher on the College Board 
1479  Advanced Placement Examination. 
1480         2. An additional bonus of $250 $500 to each Advanced 
1481  Placement teacher in a school designated with a grade of “D” or 
1482  “F” who has at least one student scoring 3 or higher on the 
1483  College Board Advanced Placement Examination, regardless of the 
1484  number of classes taught or of the number of students scoring a 
1485  3 or higher on the College Board Advanced Placement Examination. 
1486 
1487  Bonuses awarded to a teacher according to this paragraph shall 
1488  not exceed $1,000 $2,000 in any given school year and shall be 
1489  in addition to any regular wage or other bonus the teacher 
1490  received or is scheduled to receive. 
1491         (p) Calculation of additional full-time equivalent 
1492  membership based on certification of successful completion of 
1493  industry-certified career and professional academy programs 
1494  pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified 
1495  in the Industry Certified Funding List pursuant to rules adopted 
1496  by the State Board of Education.—A value of 0.3 full-time 
1497  equivalent student membership shall be calculated for each 
1498  student who completes an industry-certified career and 
1499  professional academy program under ss. 1003.491, 1003.492, and 
1500  1003.493 and who is issued the highest level of industry 
1501  certification identified annually in the Industry Certification 
1502  Funding List approved under rules adopted by the State Board of 
1503  Education and a high school diploma. Such value shall be added 
1504  to the total full-time equivalent student membership in 
1505  secondary career education programs for grades 9 through 12 in 
1506  the subsequent year for courses that were not funded through 
1507  dual enrollment. The additional full-time equivalent membership 
1508  authorized under this paragraph may not exceed 0.3 per student. 
1509  Each district must allocate at least 80 percent of the funds 
1510  provided for industry certification, in accordance with this 
1511  paragraph, to the program that generated the funds. Unless a 
1512  different amount is specified in the General Appropriations Act, 
1513  the appropriation for this calculation is limited to $15 million 
1514  annually. If the appropriation is insufficient to fully fund the 
1515  total calculation, the appropriation shall be prorated. 
1516         (q) Calculation of additional full-time equivalent 
1517  membership for the Florida Virtual School.—The reported full 
1518  time equivalent student membership for the Florida Virtual 
1519  School for students who are also enrolled in a school district 
1520  shall be multiplied by 0.114, and such value shall be added to 
1521  the total full-time equivalent student membership. 
1522         (6) CATEGORICAL FUNDS.— 
1523         (b) If a district school board finds and declares in a 
1524  resolution adopted at a regular meeting of the school board that 
1525  the funds received for any of the following categorical 
1526  appropriations are urgently needed to maintain school board 
1527  specified academic classroom instruction, the school board may 
1528  consider and approve an amendment to the school district 
1529  operating budget transferring the identified amount of the 
1530  categorical funds to the appropriate account for expenditure: 
1531         1. Funds for student transportation. 
1532         2. Funds for safe schools. 
1533         3. Funds for supplemental academic instruction. 
1534         4. Funds for research-based reading instruction. 
1535         5. Funds for instructional materials if all instructional 
1536  material purchases necessary to provide updated materials 
1537  aligned to Next Generation Sunshine State Standards and 
1538  benchmarks and that meet statutory requirements of content and 
1539  learning have been completed for that fiscal year, but no sooner 
1540  than March 1, 2011 2010. Funds available after March 1 may be 
1541  used to purchase hardware used to provide student instruction. 
1542         (7) DETERMINATION OF SPARSITY SUPPLEMENT.— 
1543         (d) Each district’s allocation of sparsity supplement funds 
1544  shall be adjusted in the following manner: 
1545         1. A maximum discretionary levy per FTE value for each 
1546  district shall be calculated by dividing the value of each 
1547  district’s maximum discretionary levy by its FTE student count. 
1548         2. A state average discretionary levy value per FTE shall 
1549  be calculated by dividing the total maximum discretionary levy 
1550  value for all districts by the state total FTE student count. 
1551         3. A total potential funds per FTE for each district shall 
1552  be calculated by dividing the total potential funds, not 
1553  including Florida School Recognition Program funds, Merit Award 
1554  Program funds, and the minimum guarantee funds, for each 
1555  district by its FTE student count. 
1556         4. A state average total potential funds per FTE shall be 
1557  calculated by dividing the total potential funds, not including 
1558  Florida School Recognition Program funds, Merit Award Program 
1559  funds, and the minimum guarantee funds, for all districts by the 
1560  state total FTE student count. 
1561         5. For districts that have a levy value per FTE as 
1562  calculated in subparagraph 1. higher than the state average 
1563  calculated in subparagraph 2., a sparsity wealth adjustment 
1564  shall be calculated as the product of the difference between the 
1565  state average levy value per FTE calculated in subparagraph 2. 
1566  and the district’s levy value per FTE calculated in subparagraph 
1567  1. and the district’s FTE student count and -1. However, no 
1568  district shall have a sparsity wealth adjustment that, when 
1569  applied to the total potential funds calculated in subparagraph 
1570  3., would cause the district’s total potential funds per FTE to 
1571  be less than the state average calculated in subparagraph 4. 
1572         6. Each district’s sparsity supplement allocation shall be 
1573  calculated by adding the amount calculated as specified in 
1574  paragraphs (a) and (b) and the wealth adjustment amount 
1575  calculated in this paragraph. 
1576         (12) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR 
1577  CURRENT OPERATION.—The total annual state allocation to each 
1578  district for current operation for the FEFP shall be distributed 
1579  periodically in the manner prescribed in the General 
1580  Appropriations Act. 
1581         (a) If the funds appropriated for current operation of the 
1582  FEFP are not sufficient to pay the state requirement in full, 
1583  the department shall prorate the available state funds to each 
1584  district in the following manner: 
1585         1. Determine the percentage of proration by dividing the 
1586  sum of the total amount for current operation, as provided in 
1587  this paragraph for all districts collectively, and the total 
1588  district required local effort into the sum of the state funds 
1589  available for current operation and the total district required 
1590  local effort. 
1591         2. Multiply the percentage so determined by the sum of the 
1592  total amount for current operation as provided in this paragraph 
1593  and the required local effort for each individual district. 
1594         3. From the product of such multiplication, subtract the 
1595  required local effort of each district; and the remainder shall 
1596  be the amount of state funds allocated to the district for 
1597  current operation; however, no calculation subsequent to the 
1598  appropriation shall result in negative state funds for any 
1599  district. 
1600         Section 25. Paragraph (a) of subsection (4) of section 
1601  1011.64, Florida Statutes, is amended to read: 
1602         1011.64 School district minimum classroom expenditure 
1603  requirements.— 
1604         (4) In order for the Department of Education to monitor the 
1605  implementation of this section, each school district which is 
1606  required to increase emphasis on classroom activities from 
1607  operating funds pursuant to subsection (1) shall submit to the 
1608  department the following two reports in a format determined by 
1609  the department: 
1610         (a) An initial report, which shall include the proposed 
1611  budget actions identified for increased classroom expenditures, 
1612  a description of how such actions are designed to improve 
1613  student achievement, and a copy of the published statement 
1614  required by s. 1011.03(2) s. 1011.03(3). This report shall be 
1615  submitted within 30 days after final budget approval as provided 
1616  in s. 200.065. 
1617         Section 26. Subsection (1) of section 1011.67, Florida 
1618  Statutes, is amended to read: 
1619         1011.67 Funds for instructional materials.— 
1620         (1) The department is authorized to allocate and distribute 
1621  to each district an amount as prescribed annually by the 
1622  Legislature for instructional materials for student membership 
1623  in basic and special programs in grades K-12, which will provide 
1624  for growth and maintenance needs. For purposes of this 
1625  subsection, unweighted full-time equivalent students enrolled in 
1626  the lab schools in state universities are to be included as 
1627  school district students and reported as such to the department. 
1628  These funds shall be distributed to school districts as follows: 
1629  50 percent on or about July 10; 35 percent on or about October 
1630  10; 10 percent on or about January 10; and 5 percent on or about 
1631  June 10. The annual allocation shall be determined as follows: 
1632         (a) The growth allocation for each school district shall be 
1633  calculated as follows: 
1634         1. Subtract from that district’s projected full-time 
1635  equivalent membership of students in basic and special programs 
1636  in grades K-12 used in determining the initial allocation of the 
1637  Florida Education Finance Program, the prior year’s full-time 
1638  equivalent membership of students in basic and special programs 
1639  in grades K-12 for that district. 
1640         2. Multiply any such increase in full-time equivalent 
1641  student membership by the allocation for a set of instructional 
1642  materials, as determined by the department, or as provided for 
1643  in the General Appropriations Act. 
1644         3. The amount thus determined shall be that district’s 
1645  initial allocation for growth for the school year. However, the 
1646  department shall recompute and adjust the initial allocation 
1647  based on actual full-time equivalent student membership data for 
1648  that year. 
1649         (b) The maintenance of the instructional materials 
1650  allocation for each school district shall be calculated by 
1651  multiplying each district’s prior year full-time equivalent 
1652  membership of students in basic and special programs in grades 
1653  K-12 by the allocation for maintenance of a set of instructional 
1654  materials as provided for in the General Appropriations Act. The 
1655  amount thus determined shall be that district’s initial 
1656  allocation for maintenance for the school year; however, the 
1657  department shall recompute and adjust the initial allocation 
1658  based on such actual full-time equivalent student membership 
1659  data for that year. 
1660         (c) In the event the funds appropriated are not sufficient 
1661  for the purpose of implementing this subsection in full, the 
1662  department shall prorate the funds available for instructional 
1663  materials after first funding in full each district’s growth 
1664  allocation. 
1665         Section 27. Section 1011.66, Florida Statutes, is amended 
1666  to read: 
1667         1011.66 Distribution of FEFP funds.—The distribution of 
1668  FEFP funds shall be made in payments on or about the 10th and 
1669  26th of each month. Upon the request of any school district 
1670  whose net state FEFP funding is less than 60 percent of its 
1671  gross state and local FEFP funding, the Department of Education 
1672  shall distribute to that school district in the first quarter of 
1673  the fiscal year an amount from the funds appropriated for the 
1674  FEFP in the General Appropriations Act up to a maximum of 15 
1675  percent of that school district’s gross state and local FEFP 
1676  funding or that school district’s net state FEFP funding, 
1677  whichever is less. 
1678         Section 28. Subsection (2) of section 1011.68, Florida 
1679  Statutes, is amended to read: 
1680         1011.68 Funds for student transportation.—The annual 
1681  allocation to each district for transportation to public school 
1682  programs, including charter schools as provided in s. 
1683  1002.33(17)(b), of students in membership in kindergarten 
1684  through grade 12 and in migrant and exceptional student programs 
1685  below kindergarten shall be determined as follows: 
1686         (2) The allocation for each district shall be calculated 
1687  annually in accordance with the following formula: 
1688         T = B + EX. The elements of this formula are defined as 
1689  follows: T is the total dollar allocation for transportation. B 
1690  is the base transportation dollar allocation prorated by an 
1691  adjusted student membership count. The adjusted membership count 
1692  shall be derived from a multiplicative index function in which 
1693  the base student membership is adjusted by multiplying it by 
1694  index numbers that individually account for the impact of the 
1695  price level index, average bus occupancy, and the extent of 
1696  rural population in the district. EX is the base transportation 
1697  dollar allocation for disabled students prorated by an adjusted 
1698  disabled student membership count. The base transportation 
1699  dollar allocation for disabled students is the total state base 
1700  disabled student membership count weighted for increased costs 
1701  associated with transporting disabled students and multiplying 
1702  it by an the prior year’s average per student cost for 
1703  transportation as determined by the Legislature. The adjusted 
1704  disabled student membership count shall be derived from a 
1705  multiplicative index function in which the weighted base 
1706  disabled student membership is adjusted by multiplying it by 
1707  index numbers that individually account for the impact of the 
1708  price level index, average bus occupancy, and the extent of 
1709  rural population in the district. Each adjustment factor shall 
1710  be designed to affect the base allocation by no more or less 
1711  than 10 percent. 
1712         Section 29. Paragraph (b) of subsection (3) of section 
1713  1011.71, Florida Statutes, is amended to read: 
1714         1011.71 District school tax.— 
1715         (3) 
1716         (b) In addition to the millage authorized in this section, 
1717  each district school board may, by a super majority vote, levy 
1718  an additional 0.25 mills for critical capital outlay needs or 
1719  for critical operating needs. If levied for capital outlay, 
1720  expenditures shall be subject to the requirements of this 
1721  section. If levied for operations, expenditures shall be 
1722  consistent with the requirements for operating funds received 
1723  pursuant to s. 1011.62. If the district levies this additional 
1724  0.25 mills for operations, the compression adjustment pursuant 
1725  to s. 1011.62(5) shall be calculated and added to the district’s 
1726  FEFP allocation. Millage levied pursuant to this paragraph is 
1727  subject to the provisions of s. 200.065. In order to be 
1728  continued, millage levied pursuant to this paragraph must be 
1729  approved by the voters of the district at the next general 
1730  election. 
1731         Section 30. Subsection (2) of section 1011.73, Florida 
1732  Statutes, is amended to read: 
1733         1011.73 District millage elections.— 
1734         (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district 
1735  school board, pursuant to resolution adopted at a regular 
1736  meeting, shall direct the county commissioners to call an 
1737  election at which the electors within the school district may 
1738  approve an ad valorem tax millage as authorized under s. 
1739  1011.71(9) s. 1011.71(8). Such election may be held at any time, 
1740  except that not more than one such election shall be held during 
1741  any 12-month period. Any millage so authorized shall be levied 
1742  for a period not in excess of 4 years or until changed by 
1743  another millage election, whichever is earlier. If any such 
1744  election is invalidated by a court of competent jurisdiction, 
1745  such invalidated election shall be considered not to have been 
1746  held. 
1747         Section 31. Paragraph (g) of subsection (3) of section 
1748  1012.33, Florida Statutes, is amended to read: 
1749         1012.33 Contracts with instructional staff, supervisors, 
1750  and school principals.— 
1751         (3) 
1752         (g) Beginning July 1, 2001, for each employee who enters 
1753  into a written contract, pursuant to this section, in a school 
1754  district in which the employee was not employed as of June 30, 
1755  2001, or was employed as of June 30, 2001, but has since broken 
1756  employment with that district for 1 school year or more, for 
1757  purposes of pay, a district school board must recognize and 
1758  accept each year of full-time public school teaching service 
1759  earned in the State of Florida for which the employee received a 
1760  satisfactory performance evaluation; however, an employee may 
1761  voluntarily waive this provision. Instructional personnel 
1762  employed pursuant to s. 121.091(9)(b) and (c) are exempt from 
1763  the provisions of this paragraph. 
1764         Section 32. Paragraph (a) of subsection (7) of section 
1765  1012.467, Florida Statutes, is amended to read: 
1766         1012.467 Noninstructional contractors who are permitted 
1767  access to school grounds when students are present; background 
1768  screening requirements.— 
1769         (7)(a) The Department of Law Enforcement shall implement a 
1770  system that allows for the results of a criminal history check 
1771  provided to a school district to be shared with other school 
1772  districts through a secure Internet website or other secure 
1773  electronic means. The Department of Law Enforcement may adopt 
1774  rules under ss. 120.536(1) and 120.54 to implement this 
1775  paragraph. School districts must accept reciprocity of level 2 
1776  screenings for Florida High School Athletic Association 
1777  Officials. 
1778         Section 33. Subsection (1) of section 1012.55, Florida 
1779  Statutes, is amended to read: 
1780         1012.55 Positions for which certificates required.— 
1781         (1) The State Board of Education shall classify school 
1782  services, designate the certification subject areas, establish 
1783  competencies, including the use of technology to enhance student 
1784  learning, and certification requirements for all school-based 
1785  personnel, and adopt rules in accordance with which the 
1786  professional, temporary, and part-time certificates shall be 
1787  issued by the Department of Education to applicants who meet the 
1788  standards prescribed by such rules for their class of service. 
1789  Each person employed or occupying a position as school 
1790  supervisor, school principal, teacher, library media specialist, 
1791  school counselor, athletic coach, or other position in which the 
1792  employee serves in an instructional capacity, in any public 
1793  school of any district of this state shall hold the certificate 
1794  required by law and by rules of the State Board of Education in 
1795  fulfilling the requirements of the law for the type of service 
1796  rendered. Such positions include personnel providing direct 
1797  instruction to students through a virtual environment or through 
1798  a blended virtual and physical environment. The Department of 
1799  Education shall identify appropriate educator certification for 
1800  the instruction of specified courses in an annual publication of 
1801  a directory of course code numbers for all programs and courses 
1802  that are funded through the Florida Education Finance Program. 
1803  However, the state board shall adopt rules authorizing district 
1804  school boards to employ selected noncertificated personnel to 
1805  provide instructional services in the individuals’ fields of 
1806  specialty or to assist instructional staff members as education 
1807  paraprofessionals. 
1808         Section 34. Paragraphs (a) and (d) of subsection (1) of 
1809  section 1013.62, Florida Statutes, are amended to read: 
1810         1013.62 Charter schools capital outlay funding.— 
1811         (1) In each year in which funds are appropriated for 
1812  charter school capital outlay purposes, the Commissioner of 
1813  Education shall allocate the funds among eligible charter 
1814  schools. 
1815         (a) To be eligible for a funding allocation, a charter 
1816  school must: 
1817         1.a. Have been in operation for 3 or more years; 
1818         b. Be governed by a governing board established in the 
1819  state for 3 or more years which operates both charter schools 
1820  and conversion charter schools within the state; 
1821         c. Be an expanded feeder chain of a charter school within 
1822  the same school district that is currently receiving charter 
1823  school capital outlay funds; or 
1824         d. Have been accredited by the Commission on Schools of the 
1825  Southern Association of Colleges and Schools. 
1826         2. Have financial stability for future operation as a 
1827  charter school. 
1828         3. Have satisfactory student achievement based on state 
1829  accountability standards applicable to the charter school. 
1830         4. Have received final approval from its sponsor pursuant 
1831  to s. 1002.33 for operation during that fiscal year. 
1832  5. Serve students in facilities that are not provided by the 
1833  charter school’s sponsor. 
1834         6. Serve students in facilities that are provided by a 
1835  business partner for a charter school-in-the-workplace pursuant 
1836  to s. 1002.33(15)(b). 
1837         (d) A charter school is not eligible for a funding 
1838  allocation if it was created by the conversion of a public 
1839  school and operates in facilities provided by the charter 
1840  school’s sponsor for a nominal fee, or at no charge, or if it is 
1841  directly or indirectly operated by the school district. 
1842         Section 35. In order to implement Specific Appropriations 
1843  6, 7, 8, 78, and 79 of the General Appropriations Act for the 
1844  2010-2011 fiscal year, the calculations of the Florida Education 
1845  Finance Program for the 2010-2011 fiscal year in the document 
1846  entitled “Public School Funding - The Florida Education Finance 
1847  Program,” dated xx, 2010, and filed with the Secretary of the 
1848  Senate are incorporated by reference for the purpose of 
1849  displaying the calculations used by the Legislature, consistent 
1850  with requirements of the Florida Statutes, in making 
1851  appropriations for the Florida Education Finance Program. 
1852         Section 36. Except as otherwise expressly provided in this 
1853  act, this act shall take effect July 1, 2010.