Bill Text: FL S1368 | 2010 | Regular Session | Engrossed
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-Engrossed.html
CS for SB 1368 First Engrossed 20101368e1 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; revising provisions 21 that exempt charter school facilities from certain 22 fees; providing that certain capital outlay funds 23 shared with a charter school-in-the-workplace before 24 July 1, 2010, are deemed to meet certain expenditure 25 requirements; revising requirements for calculating 26 the administrative fee that the sponsor of a charter 27 school may withhold and use for capital outlay 28 purposes; amending s. 1002.37, F.S.; providing certain 29 limitations on reporting credits earned by a student 30 through the Florida Virtual School for purposes of 31 funding; including the millage levied for fixed 32 capital outlay in determining the amount provided to 33 the Florida Virtual School for operating expenses; 34 amending s. 1002.45, F.S.; providing for school 35 district virtual instruction programs to include 36 programs offered by community colleges; requiring that 37 community college instructors meet certification 38 requirements; prohibiting a community college from 39 reporting students served in a school district virtual 40 instruction program for funding under the Community 41 College Program Fund; removing obsolete provisions 42 requiring a report; amending ss. 1002.55 and 1002.63, 43 F.S.; revising the requirements for private 44 prekindergarten providers and public school-year 45 prekindergarten programs with respect to the number of 46 students for each class; requiring an instructor for 47 certain classes who holds specified credentials; 48 amending s. 1002.71, F.S.; reducing the amount of 49 funds that an early learning coalition may retain for 50 administrative purposes from funds paid to private 51 prekindergarten providers and public schools; amending 52 s. 1003.03, F.S.; revising requirements for the 53 Department of Education with respect to calculating 54 the maximum class size based on student membership; 55 deleting obsolete provisions; providing for reductions 56 in a district’s class-size-reduction operating 57 categorical allocation under certain circumstances; 58 providing for a budget amendment in the case of an 59 extreme emergency and subject to approval of the 60 Legislative Budget Commission; providing for 61 alternative measures to take effect upon approval of 62 an amendment to the State Constitution by the electors 63 of the state; providing for virtual instruction 64 courses to be included in implementing the class size 65 maximums; amending s. 1003.492, F.S.; clarifying the 66 duties of the Department of Education in approving the 67 list of industry certifications for career education 68 programs; amending s. 1006.28, F.S.; redefining the 69 term “adequate instructional materials” to include 70 electronic content; creating s. 1006.281, F.S.; 71 encouraging school districts to provide access for 72 teachers, students, and parents to an electronic 73 learning management system; specifying the required 74 functionality of such a system; requiring the 75 Department of Education to assist school districts in 76 deploying an electronic learning management system; 77 amending s. 1006.29, F.S.; providing that 78 instructional materials include electronic content; 79 requiring that a publisher or manufacturer providing 80 instructional materials as a single bundle make the 81 materials available separately and priced 82 individually; requiring that instructional materials 83 adopted after a specified date for students in grades 84 9 through 12 be provided primarily in an electronic 85 format; amending s. 1006.33, F.S.; requiring that an 86 advertisement for bids for instructional materials 87 require the bidder to furnish electronic specimen 88 copies of the materials; requiring that district 89 school superintendents request samples in a format 90 other than an electronic format through the 91 department; amending s. 1006.40, F.S.; requiring that 92 a specified percentage of a district’s annual 93 allocation for instructional materials be used for 94 electronic materials beginning with the 2012-2013 95 fiscal year; including electronic content as an 96 approved item of instruction; amending s. 1007.27, 97 F.S.; providing that secondary school students are 98 authorized users of the state-funded electronic 99 library resources licensed for public colleges and 100 universities; providing for verification of 101 eligibility according to rules established by the 102 State Board of Education and the Board of Governors of 103 the State University System; amending s. 1008.34, 104 F.S.; providing for the calculation of certain school 105 grades to include student completion of specified 106 courses; amending s. 1011.03, F.S.; requiring that a 107 district school board post its proposed millage levies 108 on the district’s website; revising the requirements 109 for publishing the proposed levies in a newspaper; 110 amending s. 1011.60, F.S.; deleting a requirement that 111 the State Board of Education adopt rules governing the 112 school term; amending s. 1011.62, F.S.; revising the 113 requirements for calculating full-time equivalent 114 student membership; reducing the amount authorized for 115 teacher bonuses; requiring that a district allocate a 116 specified percentage of funds for industry 117 certification to the center or program that generated 118 the funds; authorizing a district school board to use 119 categorical funds for materials that meet the Next 120 Generation Sunshine State Standards and for certain 121 hardware; providing for adjusting a district’s 122 sparsity supplement based on Merit Award Program 123 funds; clarifying that a calculation subsequent to an 124 appropriation does not result in negative state funds 125 for any district; amending s. 1011.64, F.S., relating 126 to minimum classroom expenditure requirements; 127 conforming a cross-reference; amending s. 1011.67, 128 F.S.; removing requirements for the staggered 129 distribution of funds to districts for instructional 130 materials; amending s. 1011.66, F.S.; removing a 131 provision authorizing the distribution of 60 percent 132 of FEFP funds to a district during the first quarter 133 of a fiscal year; amending s. 1011.68, F.S.; requiring 134 that the allocation for student transportation be 135 determined by the Legislature rather than based on the 136 prior year’s average student cost for transportation; 137 amending s. 1011.71, F.S.; removing certain 138 requirements for the additional millage levied by a 139 district for critical capital outlay needs or critical 140 operating needs; amending s. 1011.73, F.S., relating 141 to district millage elections; correcting a cross 142 reference; amending s. 1012.33, F.S.; exempting 143 specified reemployed instructional personnel from 144 certain requirements for determining pay; amending s. 145 1012.467, F.S.; requiring school districts to accept 146 reciprocity of level 2 screening for Florida High 147 School Athletic Association Officials; amending s. 148 1012.55, F.S.; requiring that instructional personnel 149 providing instruction through a virtual environment 150 hold certification as otherwise required by law and 151 rule; amending s. 1013.62, F.S.; providing that a 152 charter school must serve students in facilities that 153 are provided by a business partner for a charter 154 school-in-the-workplace to be eligible for an 155 allocation of funds for capital outlay purposes; 156 amending s. 1013.64, F.S.; revising provisions 157 relating to funding for educational facilities 158 projects; providing for the incorporation by reference 159 of certain calculations used by the Legislature for 160 the 2010-2011 fiscal year; providing effective dates. 161 162 Be It Enacted by the Legislature of the State of Florida: 163 164 Section 1. Paragraphs (d) and (e) of subsection (6) of 165 section 212.055, Florida Statutes, are amended to read: 166 212.055 Discretionary sales surtaxes; legislative intent; 167 authorization and use of proceeds.—It is the legislative intent 168 that any authorization for imposition of a discretionary sales 169 surtax shall be published in the Florida Statutes as a 170 subsection of this section, irrespective of the duration of the 171 levy. Each enactment shall specify the types of counties 172 authorized to levy; the rate or rates which may be imposed; the 173 maximum length of time the surtax may be imposed, if any; the 174 procedure which must be followed to secure voter approval, if 175 required; the purpose for which the proceeds may be expended; 176 and such other requirements as the Legislature may provide. 177 Taxable transactions and administrative procedures shall be as 178 provided in s. 212.054. 179 (6) SCHOOL CAPITAL OUTLAY SURTAX.— 180(d)Any school board imposing the surtax shall implement a181freeze on noncapital local school property taxes, at the millage182rate imposed in the year prior to the implementation of the183surtax, for a period of at least 3 years from the date of184imposition of the surtax. This provision shall not apply to185existing debt service or taxes authorized in the General186Appropriations Act.187 (d)(e) Surtax revenues collected by the Department of 188 Revenue pursuant to this subsection shall be distributed to the 189 school board imposing the surtax in accordance with law. 190 Section 2. Paragraph (d) of subsection (2) of section 191 216.292, Florida Statutes, is repealed. 192 Section 3. Subsection (3) of section 1001.395, Florida 193 Statutes, is amended to read: 194 1001.395 District school board members; compensation.— 195 (3) Notwithstanding the provisions of this section and s. 196 145.19, for the 2010-20112009-2010fiscal year, the salary of 197 each district school board member shall be the amount calculated 198 pursuant to subsection (1) or the district’s beginning salary 199 for teachers who hold baccalaureate degrees, whichever is less. 200 Section 4. Paragraph (c) of subsection (2) of section 201 1001.451, Florida Statutes, is amended to read: 202 1001.451 Regional consortium service organizations.—In 203 order to provide a full range of programs to larger numbers of 204 students, minimize duplication of services, and encourage the 205 development of new programs and services: 206 (2) 207 (c) Notwithstanding paragraph (a), the appropriation for 208 anythe 2009-2010fiscal year may be less than $50,000 per 209 school district and eligible member. If the amount appropriated 210 is insufficient to provide $50,000, the funds available must be 211 prorated among all eligible districts and members.This212paragraph expires July 1, 2010.213 Section 5. Paragraph (d) of subsection (9) of section 214 1002.32, Florida Statutes, is amended to read: 215 1002.32 Developmental research (laboratory) schools.— 216 (9) FUNDING.—Funding for a lab school, including a charter 217 lab school, shall be provided as follows: 218 (d) Each lab school shall receive funds for operating 219 purposes in an amount determined as follows: multiply the 220 maximum allowable nonvoted discretionary millage for operations 221 pursuant to s. 1011.71(1) and (3) by the value of 95 percent of 222 the current year’s taxable value for school purposes for the 223 district in which each lab school is located; divide the result 224 by the total full-time equivalent membership of the district; 225 and multiply the result by the full-time equivalent membership 226 of the lab school. The amount thus obtained shall be 227 discretionary operating funds and shall be appropriated from 228 state funds in the General Appropriations Act to the Lab School 229 Trust Fund. 230 Section 6. Paragraph (a) of subsection (16), paragraph (d) 231 of subsection (18), subsection (19), and paragraph (a) of 232 subsection (20) of section 1002.33, Florida Statutes, are 233 amended to read: 234 1002.33 Charter schools.— 235 (16) EXEMPTION FROM STATUTES.— 236 (a) A charter school shall operate in accordance with its 237 charter and shall be exempt from all statutes in chapters 1000 238 1013. However, a charter school shall be in compliance with the 239 following statutes in chapters 1000-1013: 240 1. Those statutes specifically applying to charter schools, 241 including this section. 242 2. Those statutes pertaining to the student assessment 243 program and school grading system. 244 3. Those statutes pertaining to the provision of services 245 to students with disabilities. 246 4. Those statutes pertaining to civil rights, including s. 247 1000.05, relating to discrimination. 248 5. Those statutes pertaining to student health, safety, and 249 welfare. 250 6. Those statutes pertaining to maximum class size. 251 (18) FACILITIES.— 252 (d) Charter school facilities are exempt from assessments 253 of fees for building permits, except as provided in s. 553.80;,254 fees for building and occupational licenses;,impact fees or 255 exactions;,service availability fees;,and assessments for 256 special benefits. 257 (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible 258 for capital outlay funds pursuant to s. 1013.62. Capital outlay 259 funds authorized in s. 1011.71(2) which have been shared with a 260 charter school-in-the-workplace prior to July 1, 2010, are 261 deemed to have met the authorized expenditure requirements for 262 such funds. 263 (20) SERVICES.— 264 (a)1. A sponsor shall provide certain administrative and 265 educational services to charter schools. These services shall 266 include contract management services; full-time equivalent and 267 data reporting services; exceptional student education 268 administration services; services related to eligibility and 269 reporting duties required to ensure that school lunch services 270 under the federal lunch program, consistent with the needs of 271 the charter school, are provided by the school district at the 272 request of the charter school, that any funds due to the charter 273 school under the federal lunch program be paid to the charter 274 school as soon as the charter school begins serving food under 275 the federal lunch program, and that the charter school is paid 276 at the same time and in the same manner under the federal lunch 277 program as other public schools serviced by the sponsor or the 278 school district; test administration services, including payment 279 of the costs of state-required or district-required student 280 assessments; processing of teacher certificate data services; 281 and information services, including equal access to student 282 information systems that are used by public schools in the 283 district in which the charter school is located. Student 284 performance data for each student in a charter school, 285 including, but not limited to, FCAT scores, standardized test 286 scores, previous public school student report cards, and student 287 performance measures, shall be provided by the sponsor to a 288 charter school in the same manner provided to other public 289 schools in the district. 290 2. A total administrative fee for the provision of such 291 services shall be calculated based upon up to 5 percent of the 292 available funds defined in paragraph (17)(b) for all students. 293 However, a sponsor may only withhold up to a 5 percent5-percent294 administrative fee for enrollment for up to and including 250 295500students. For charter schools with a population of 251501296 or more students, the difference between the total 297 administrative fee calculation and the amount of the 298 administrative fee withheld may only be used for capital outlay 299 purposes specified in s. 1013.62(2). 300 3. In addition, a sponsor may withhold only up to a 5 301 percent administrative fee for enrollment for up to and 302 including 500 students within the system for a system of charter 303 schools which meets all of the following: 304 a. Includes both conversion charter schools and non 305 conversion charter schools; 306 b. All schools are located in the same municipality in the 307 same county; 308 c. Has a total enrollment exceeding the total enrollment of 309 at least one county school district in the state; 310 d. Has the same governing board; and 311 e. Does not contract with a for-profit service provider for 312 management of school operations. 313 4. The difference between the total administrative fee 314 calculation and the amount of the administrative fee withheld 315 for such system of charter schools may be used for instructional 316 and administrative purposes as well as for capital outlay 317 purposes specified in s. 1013.62(2). 318 5. Each charter school shall receive 100 percent of the 319 funds awarded to that school pursuant to s. 1012.225. Sponsors 320 shall not charge charter schools any additional fees or 321 surcharges for administrative and educational services in 322 addition to the maximum 5 percent5-percentadministrative fee 323 withheld pursuant to this paragraph. 324 Section 7. Paragraphs (a) and (f) of subsection (3) of 325 section 1002.37, Florida Statutes, are amended to read: 326 1002.37 The Florida Virtual School.— 327 (3) Funding for the Florida Virtual School shall be 328 provided as follows: 329 (a) A “full-time equivalent student” for the Florida 330 Virtual School is one student who has successfully completed six 331 credits that shall count toward the minimum number of credits 332 required for high school graduation. A student who completes 333 less than six credits shall be a fraction of a full-time 334 equivalent student. Half-credit completions shall be included in 335 determining a full-time equivalent student. Half-credits earned 336 by a student 20 weeks or more after beginning the course, and 337 credits earned by a student 40 weeks or more after beginning the 338 course, are not eligible to be funded and may not be reported. 339 Credit completed by a student in excess of the minimum required 340 for that student for high school graduation is not eligible for 341 funding. 342 (f) The Florida Virtual School shall receive funds for 343 operating purposes in an amount determined as follows: multiply 344 the maximum allowable nonvoted discretionary millage for 345 operations pursuant to s. 1011.71(1) and (3) by the value of 95 346 percent of the current year’s taxable value for school purposes 347 for the state; divide the result by the total full-time 348 equivalent membership of the state; and multiply the result by 349 the full-time equivalent membership of the school. The amount 350 thus obtained shall be discretionary operating funds and shall 351 be appropriated from state funds in the General Appropriations 352 Act. 353 Section 8. Paragraphs (a) and (b) of subsection (1), 354 paragraph (a) of subsection (2), and subsections (7) and (12) of 355 section 1002.45, Florida Statutes, are amended to read: 356 1002.45 School district virtual instruction programs.— 357 (1) PROGRAM.— 358 (a) For purposes of this section, the term: 359 1. “Approved provider” means a provider that is approved by 360 the Department of Education under subsection (2), the Florida 361 Virtual School,ora franchise of the Florida Virtual School, or 362 a public community college. 363 2. “Virtual instruction program” means a program of 364 instruction provided in an interactive learning environment 365 created through technology in which students are separated from 366 their teachers by time or space, or both, and in which a 367 Florida-certified teacher under chapter 1012 is responsible for 368 at least: 369 a. Fifty percent of the direct instruction to students in 370 kindergarten through grade 5; or 371 b. Eighty percent of the direct instruction to students in 372 grades 6 through 12. 373 (b) Beginning with the 2009-2010 school year, each school 374 district shall provide eligible students within its boundaries 375 the option of participating in a virtual instruction program. 376 The purpose of the program is to make instruction available to 377 students using online and distance learning technology in the 378 nontraditional classroom. The program shall be: 379 1. Full-time for students enrolled in kindergarten through 380 grade 12. 381 2. Full-time or part-time for students in grades 9 through 382 12 who are enrolled in dropout prevention and academic 383 intervention programs under s. 1003.53,orDepartment of 384 Juvenile Justice education programs under s. 1003.52, core 385 curricula courses to meet class size requirements, or community 386 collegesin grades 9 through 12. 387 (2) PROVIDER QUALIFICATIONS.— 388 (a) The department shall annually provide school districts 389 with a list of providers approved to offer virtual instruction 390 programs. To be approved by the department, a provider must 391 document that it: 392 1. Is nonsectarian in its programs, admission policies, 393 employment practices, and operations; 394 2. Complies with the antidiscrimination provisions of s. 395 1000.05; 396 3. Locates an administrative office or offices in this 397 state, requires its administrative staff to be state residents, 398 requires all instructional staff to be Florida-certified 399 teachers under chapter 1012, and conducts background screenings 400 for all employees or contracted personnel, as required by s. 401 1012.32, using state and national criminal history records; 402 4. Possesses prior, successful experience offering online 403 courses to elementary, middle, or high school students;and404 5. Is accredited by the Southern Association of Colleges 405 and Schools Council on Accreditation and School Improvement, the 406 North Central Association Commission on Accreditation and School 407 Improvement, the Middle States Association of Colleges and 408 Schools Commission on Elementary Schools and Commission on 409 Secondary Schools, the New England Association of Schools and 410 Colleges, the Northwest Association of Accredited Schools, the 411 Western Association of Schools and Colleges, or the Commission 412 on International and Trans-Regional Accreditation; and.413 6. If the provider is a community college, its instructors 414 meet the certification requirements for instructional staff. 415 (7) FUNDING.— 416 (a) For purposes of a school district virtual instruction 417 program, “full-time equivalent student” has the same meaning as 418 provided in s. 1011.61(1)(c)1.b.(III) or (IV). 419 (b) The school district in which the student resides shall 420 report full-time equivalent students for the school district 421 virtual instruction program to the department in a manner 422 prescribed by the department, and funding shall be provided 423 through the Florida Education Finance Program. Funds received by 424 the school district of residence for a student in a virtual 425 instruction program provided by another school district under 426 this section shall be transferred to the school district 427 providing the virtual instruction program. 428 (c) A community college provider may not report students 429 who are served in a school district virtual instruction program 430 for funding under the Community College Program Fund. 431(12)STUDY.—The department shall review the advisability of432legislatively authorizing school districts to contract with433approved private providers for the provision of part-time434virtual instruction programs for students in grades 9 through 12435who are not enrolled in programs under ss.1003.52and1003.53.436The department shall report its findings and recommendations to437the presiding officers of the Legislature and the Governor by438January 15, 2010.439 Section 9. Paragraphs (c) and (f) of subsection (3) of 440 section 1002.55, Florida Statutes, are amended to read: 441 1002.55 School-year prekindergarten program delivered by 442 private prekindergarten providers.— 443 (3) To be eligible to deliver the prekindergarten program, 444 a private prekindergarten provider must meet each of the 445 following requirements: 446 (c) The private prekindergarten provider must have, for 447 each prekindergarten class composed of 12 children or fewer, at 448 least one prekindergarten instructor who meets each of the 449 following requirements: 450 1. The prekindergarten instructor must hold, at a minimum, 451 one of the following credentials: 452 a. A child development associate credential issued by the 453 National Credentialing Program of the Council for Professional 454 Recognition; or 455 b. A credential approved by the Department of Children and 456 Family Services as being equivalent to or greater than the 457 credential described in sub-subparagraph a. 458 459 The Department of Children and Family Services may adopt rules 460 under ss. 120.536(1) and 120.54 which provide criteria and 461 procedures for approving equivalent credentials under sub 462 subparagraph b. 463 2. The prekindergarten instructor must successfully 464 complete an emergent literacy training course approved by the 465 department as meeting or exceeding the minimum standards adopted 466 under s. 1002.59. This subparagraph does not apply to a 467 prekindergarten instructor who successfully completes approved 468 training in early literacy and language development under s. 469 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the 470 establishment of one or more emergent literacy training courses 471 under s. 1002.59 or April 1, 2005, whichever occurs later. 472 (f) Each of the private prekindergarten provider’s 473 prekindergarten classes must be composed of at least 4 students 474 but may not exceed 2418students. In order to protect the 475 health and safety of students, each private prekindergarten 476 provider must also provide appropriate adult supervision for 477 students at all times and, for each prekindergarten class 478 composed of 13 to 2011or morestudents, must have, in addition 479 to a prekindergarten instructor who meets the requirements of 480 paragraph (c), at least one adult prekindergarten instructor who 481 is not required to meet those requirements but who must meet 482 each requirement of paragraph (d). Each prekindergarten class 483 composed of 21 to 24 students must have an additional 484 prekindergarten instructor who meets the requirements of 485 paragraph (c). This paragraph does not supersede any requirement 486 imposed on a provider under ss. 402.301-402.319. 487 Section 10. Subsection (7) of section 1002.63, Florida 488 Statutes, is amended to read: 489 1002.63 School-year prekindergarten program delivered by 490 public schools.— 491 (7) Each prekindergarten class in a public school 492 delivering the school-year prekindergarten program must be 493 composed of at least 4 students but may not exceed 2418494 students. In order to protect the health and safety of students, 495 each school must also provide appropriate adult supervision for 496 students at all times and, for each prekindergarten class 497 composed of 13 to 2011or morestudents, must have, in addition 498 to a prekindergarten instructor who meets the requirements of s. 499 1002.55(3)(c), at least one adult prekindergarten instructor who 500 is not required to meet those requirements but who must meet 501 each requirement of subsection (5). Each prekindergarten class 502 composed of 21 to 24 students must have an additional 503 prekindergarten instructor who meets the requirements of 504 paragraph (c). 505 Section 11. Subsection (7) of section 1002.71, Florida 506 Statutes, is amended to read: 507 1002.71 Funding; financial and attendance reporting.— 508 (7) The Agency for Workforce Innovation shall require that 509 administrative expenditures be kept to the minimum necessary for 510 efficient and effective administration of the Voluntary 511 Prekindergarten Education Program. Administrative policies and 512 procedures shall be revised, to the maximum extent practicable, 513 to incorporate the use of automation and electronic submission 514 of forms, including those required for child eligibility and 515 enrollment, provider and class registration, and monthly 516 certification of attendance for payment. A school district may 517 use its automated daily attendance reporting system for the 518 purpose of transmitting attendance records to the early learning 519 coalition in a mutually agreed-upon format. In addition, actions 520 shall be taken to reduce paperwork, eliminate the duplication of 521 reports, and eliminate other duplicative activities. Beginning 522 with the 2010-20112008-2009fiscal year, each early learning 523 coalition may retain and expend no more than 4.54.85percent of 524 the funds paid by the coalition to private prekindergarten 525 providers and public schools under paragraph (5)(b). Funds 526 retained by an early learning coalition under this subsection 527 may be used only for administering the Voluntary Prekindergarten 528 Education Program and may not be used for the school readiness 529 program or other programs. 530 Section 12. Subsections (2), (3), and (4) of section 531 1003.03, Florida Statutes, are amended to read: 532 1003.03 Maximum class size.— 533 (2) IMPLEMENTATION.—The Department of Education shall 534 annually calculate class size measures defined in subsection (1) 535 based upon the October student membership survey, except that 536 the calculation for 2010-2011 shall be based on the February 537 student membership survey. 538(a)Beginning with the 2003-2004 fiscal year, each school539district that is not in compliance with the maximums in540subsection (1) shall reduce the average number of students per541classroom in each of the following grade groupings:542prekindergarten through grade 3, grade 4 through grade 8, and543grade 9 through grade 12, by at least two students each year.544(b)Determination of the number of students per classroom545in paragraph (a) shall be calculated as follows:5461.For fiscal years 2003-2004 through 2005-2006, the547calculation for compliance for each of the 3 grade groupings548shall be the average at the district level.5492.For fiscal years 2006-2007 through 2009-2010, the550calculation for compliance for each of the 3 grade groupings551shall be the average at the school level.5523.For fiscal year 2010-2011 and thereafter, the553calculation for compliance shall be at the individual classroom554level.5554.For fiscal years 2006-2007 through 2009-2010 and556thereafter, each teacher assigned to any classroom shall be557included in the calculation for compliance.558(c)The Department of Education shall annually calculate559each of the three average class size measures defined in560paragraphs (a) and (b) based upon the October student membership561survey. For purposes of determining the baseline from which each562district’s average class size must be reduced for the 2003-2004563school year, the department shall use data from the February5642003 student membership survey updated to include classroom565identification numbers as required by the department.566(d)Prior to the adoption of the district school budget for5672004-2005, each district school board shall hold public hearings568to review school attendance zones in order to ensure maximum use569of facilities while minimizing the additional use of570transportation in order to comply with the two-student-per-year571reduction required in paragraph (a). School districts that meet572the constitutional class size maximums described in subsection573(1) are exempt from this requirement.574 (3) IMPLEMENTATION OPTIONS.—District school boards must 575 consider, but are not limited to, implementing the following 576 items in order to meet the constitutional class size maximums 577 described in subsection (1)and the two-student-per-year578reduction required in subsection (2): 579 (a) Adopt policies to encourage qualified students to take 580 dual enrollment courses. 581 (b) Adopt policies to encourage students to take courses 582 from the Florida Virtual School and school district virtual 583 instruction programs. 584 (c)1. Repeal district school board policies that require 585 students to have more than 24 credits to graduate from high 586 school. 587 2. Adopt policies to allow students to graduate from high 588 school as soon as they pass the grade 10 FCAT and complete the 589 courses required for high school graduation. 590 (d) Use methods to maximize use of instructional staff, 591 such as changing required teaching loads and scheduling of 592 planning periods, deploying district employees that have 593 professional certification to the classroom, using adjunct 594 educators, or any other method not prohibited by law. 595 (e) Use innovative methods to reduce the cost of school 596 construction by using prototype school designs, using SMART 597 Schools designs, participating in the School Infrastructure 598 Thrift Program, or any other method not prohibited by law. 599 (f) Use joint-use facilities through partnerships with 600 community colleges, state universities, and private colleges and 601 universities. Joint-use facilities available for use as K-12 602 classrooms that do not meet the K-12 State Regulations for 603 Educational Facilities in the Florida Building Code may be used 604 at the discretion of the district school board provided that 605 such facilities meet all other health, life, safety, and fire 606 codes. 607 (g) Adopt alternative methods of class scheduling, such as 608 block scheduling. 609 (h) Redraw school attendance zones to maximize use of 610 facilities while minimizing the additional use of 611 transportation. 612 (i) Operate schools beyond the normal operating hours to 613 provide classes in the evening or operate more than one session 614 of school during the day. 615 (j) Use year-round schools and other nontraditional 616 calendars that do not adversely impact annual assessment of 617 student achievement. 618 (k) Review and consider amending any collective bargaining 619 contracts that hinder the implementation of class size 620 reduction. 621 (l) Use any other approach not prohibited by law. 622 (4) ACCOUNTABILITY.— 623(a)1. Beginning in the 2003-2004 fiscal year, if the624department determines for any year that a school district has625not reduced average class size as required in subsection (2) at626the time of the third FEFP calculation, the department shall627calculate an amount from the class size reduction operating628categorical which is proportionate to the amount of class size629reduction not accomplished. Upon verification of the630department’s calculation by the Florida Education Finance631Program Appropriation Allocation Conference and not later than632March 1 of each year, the Executive Office of the Governor shall633transfer undistributed funds equivalent to the calculated amount634from the district’s class size reduction operating categorical635to an approved fixed capital outlay appropriation for class size636reduction in the affected district pursuant to s.216.292(2)(d).637The amount of funds transferred shall be the lesser of the638amount verified by the Florida Education Finance Program639Appropriation Allocation Conference or the undistributed balance640of the district’s class size reduction operating categorical.6412.In lieu of the transfer required by subparagraph 1., the642Commissioner of Education may recommend a budget amendment,643subject to approval by the Legislative Budget Commission, to644transfer an alternative amount of funds from the district’s645class size reduction operating categorical to its approved fixed646capital outlay account for class size reduction if the647commissioner finds that the State Board of Education has648reviewed evidence indicating that a district has been unable to649meet class size reduction requirements despite appropriate650effort to do so. The commissioner’s budget amendment must be651submitted to the Legislative Budget Commission by February 15 of652each year.6533.For the 2007-2008 fiscal year and thereafter, if in any654fiscal year funds from a district’s class size operating655categorical are required to be transferred to its fixed capital656outlay fund and the district’s class size operating categorical657allocation in the General Appropriations Act for that fiscal658year has been reduced by a subsequent appropriation, the659Commissioner of Education may recommend a 50-percent reduction660in the amount of the transfer.661 (a)(b)Beginning in the 2010-2011 fiscal year and each year662thereafter,If the department determines that the number of 663 students assigned to any individual class exceedexceedsthe 664 class size maximum, as required in subsection (1)(2), at the 665 time of the third FEFP calculation, except in 2010-2011 at the 666 time of the fourth calculation, the department shall: 667 1. Identify, for each grade group, the number of classes in 668 whichthe enrollment exceeds the maximum,the number of students 669 exceedwhich exceedsthe maximumfor each class, and the total 670 number of students that exceedwhichexceedsthe maximum for all 671 classes. 672 2. Determine the number of full-time equivalent students 673 that exceedwhich exceedsthe maximumclass sizefor each grade 674 group. 675 3. Multiply the total number of FTE students that exceed 676whichexceedsthe maximumclass sizefor each grade group by the 677 district’s FTE dollar amount of the class-size-reduction 678 allocation for that year and calculate the total for all three 679 grade groups. 680 4. Multiply the total number of FTE students that exceed 681 the maximum for all classes by the amount of the base student 682 allocation adjusted by the district’s district cost 683 differential. 684 5.4.Reduce the district’s class-size-reduction operating 685 categorical allocation by an amount equal to the sum of the 686 calculationscalculationin subparagraphssubparagraph3. and 4. 687 The commissioner is authorized to withhold the distribution of 688 class size allocation reduction funds to the extent necessary to 689 comply with this section. 690 (b)(c)Upon verification of the department’s calculation by 691 the Florida Education Finance Program Appropriation Allocation 692 Conference and no later than March 1 of each year, the Executive 693 Office of the Governor shall place these funds in reserve, and 694 the undistributed funds shall revert to the General Revenue Fund 695 unallocated at the end of the fiscal year. The amount of funds 696 reduced shall be the lesser of the amount verified by the 697 Florida Education Finance Program Appropriation Allocation 698 Conference or the undistributed balance of the district’s class 699 size-reduction operating categorical allocation. 700 (c)(d)In lieu of the reduction calculation in paragraph 701 (a)(b), if the Commissioner of Education has evidence that a 702 district was unable to meet the class size requirements despite 703 appropriate efforts to do so or because of an extreme emergency, 704 he or she may recommend a budget amendment, subject to approval 705 of the Legislative Budget Commission, to reduce an alternative 706 amount of funds from the district’s class-size-reduction 707 operating categorical allocation. The commissioner’s budget 708 amendment must be submitted to the Legislative Budget Commission 709 by February 15 of each year. 710 (d) The March 1 and February 15 dates in paragraphs (b) and 711 (c) do not apply for the 2010-2011 fiscal year. 712(e)In addition to the calculation required in paragraph713(a), at the time of the third FEFP calculation for the 2009-2010714fiscal year, the department shall also prepare a simulated715calculation based on the requirements in paragraphs (b) and (c).716This simulated calculation shall be provided to the school717districts and the Legislature.718 Section 13. Effective upon approval by the electors of 719 Senate Joint Resolution 2 or House Joint Resolution 7039 in the 720 2010 General Election and retroactive to the beginning of the 721 2010-2011 school year, section 1003.03, Florida Statutes, is 722 amended to read: 723 1003.03 Maximum class size.— 724 (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Pursuant to s. 1, 725 Art. IX of the State Constitution, beginning in the 2010-2011 726 school year: 727 (a) The average number of students at the school level 728 assigned to each teacher who is teaching core-curricula courses 729 in public school classrooms for prekindergarten through grade 3 730 may not exceed 18 students and the maximum number of students 731 assigned to a teacher in an individual class may not exceed 21 732 students. 733 (b) The average number of students at the school level 734 assigned to each teacher who is teaching core-curricula courses 735 in public school classrooms for grades 4 through 8 may not 736 exceed 22 students and the maximum number of students assigned 737 to a teacher in an individual class may not exceed 27 students. 738 (c) The average number of students at the school level 739 assigned to each teacher who is teaching core-curricula courses 740 in public school classrooms for grades 9 through 12 may not 741 exceed 25 students and the maximum number of students assigned 742 to a teacher in an individual class may not exceed 30 students. 743(a)The maximum number of students assigned to each teacher744who is teaching core-curricula courses in public school745classrooms for prekindergarten through grade 3 may not exceed 18746students.747(b)The maximum number of students assigned to each teacher748who is teaching core-curricula courses in public school749classrooms for grades 4 through 8 may not exceed 22 students.750(c)The maximum number of students assigned to each teacher751who is teaching core-curricula courses in public school752classrooms for grades 9 through 12 may not exceed 25 students.753 (2) IMPLEMENTATION.—The Department of Education shall 754 annually calculate class size as defined in subsection (1) based 755 upon the October student membership survey, except that the 756 calculation for the 2010-2011 school year shall be based on the 757 February student membership survey. The calculation for 758 compliance for each of the three grade groupings shall be the 759 number of students assigned to each teacher in an individual 760 class and the average number of students at the school level 761 assigned to each teacher. Each teacher assigned to any classroom 762 shall be included in the calculation for compliance. 763(a)Beginning with the 2003-2004 fiscal year, each school764district that is not in compliance with the maximums in765subsection (1) shall reduce the average number of students per766classroom in each of the following grade groupings:767prekindergarten through grade 3, grade 4 through grade 8, and768grade 9 through grade 12, by at least two students each year.769(b)Determination of the number of students per classroom770in paragraph (a) shall be calculated as follows:7711.For fiscal years 2003-2004 through 2005-2006, the772calculation for compliance for each of the 3 grade groupings773shall be the average at the district level.7742.For fiscal years 2006-2007 through 2009-2010, the775calculation for compliance for each of the 3 grade groupings776shall be the average at the school level.7773.For fiscal year 2010-2011 and thereafter, the778calculation for compliance shall be at the individual classroom779level.7804.For fiscal years 2006-2007 through 2009-2010 and781thereafter, each teacher assigned to any classroom shall be782included in the calculation for compliance.783(c)The Department of Education shall annually calculate784each of the three average class size measures defined in785paragraphs (a) and (b) based upon the October student membership786survey. For purposes of determining the baseline from which each787district’s average class size must be reduced for the 2003-2004788school year, the department shall use data from the February7892003 student membership survey updated to include classroom790identification numbers as required by the department.791(d)Prior to the adoption of the district school budget for7922004-2005, each district school board shall hold public hearings793to review school attendance zones in order to ensure maximum use794of facilities while minimizing the additional use of795transportation in order to comply with the two-student-per-year796reduction required in paragraph (a). School districts that meet797the constitutional class size maximums described in subsection798(1) are exempt from this requirement.799 (3) IMPLEMENTATION OPTIONS.—District school boards must 800 consider, but are not limited to, implementing the following 801 items in order to meet the constitutional class size maximums 802 described in subsection (1)and the two-student-per-year803reduction required in subsection (2): 804 (a) Adopt policies to encourage qualified students to take 805 dual enrollment courses. 806 (b) Adopt policies to encourage students to take courses 807 from the Florida Virtual School and school district virtual 808 instruction programs. 809 (c)1. Repeal district school board policies that require 810 students to have more than 24 credits to graduate from high 811 school. 812 2. Adopt policies to allow students to graduate from high 813 school as soon as they pass the grade 10 FCAT and complete the 814 courses required for high school graduation. 815 (d) Use methods to maximize use of instructional staff, 816 such as changing required teaching loads and scheduling of 817 planning periods, deploying district employees that have 818 professional certification to the classroom, using adjunct 819 educators, or any other method not prohibited by law. 820 (e) Use innovative methods to reduce the cost of school 821 construction by using prototype school designs, using SMART 822 Schools designs, participating in the School Infrastructure 823 Thrift Program, or any other method not prohibited by law. 824 (f) Use joint-use facilities through partnerships with 825 community colleges, state universities, and private colleges and 826 universities. Joint-use facilities available for use as K-12 827 classrooms that do not meet the K-12 State Regulations for 828 Educational Facilities in the Florida Building Code may be used 829 at the discretion of the district school board provided that 830 such facilities meet all other health, life, safety, and fire 831 codes. 832 (g) Adopt alternative methods of class scheduling, such as 833 block scheduling. 834 (h) Redraw school attendance zones to maximize use of 835 facilities while minimizing the additional use of 836 transportation. 837 (i) Operate schools beyond the normal operating hours to 838 provide classes in the evening or operate more than one session 839 of school during the day. 840 (j) Use year-round schools and other nontraditional 841 calendars that do not adversely impact annual assessment of 842 student achievement. 843 (k) Review and consider amending any collective bargaining 844 contracts that hinder the implementation of class size 845 reduction. 846 (l) Use any other approach not prohibited by law. 847 (4) ACCOUNTABILITY.— 848 (a) If the department determines that the number of 849 students assigned to any individual class exceeds the classroom 850 maximum, or if the department determines that the school average 851 is greater than the school level maximum, the department shall 852 identify for each of three grade groups: 853 1. The number of FTE students in an individual classroom 854 that are greater than the classroom maximum and the number of 855 FTE students that are greater than the school level average, not 856 including the number of FTE that are greater than the classroom 857 maximum. 858 2. Multiply the total number of FTE students as calculated 859 in subparagraph 1. which exceed the maximum class size for each 860 grade group by the district’s FTE dollar amount of the class 861 size-reduction allocation for that year and calculate the total 862 dollar amount for all three grade groups. 863 3. Multiply the total number of FTE students as calculated 864 in subparagraph 1. which exceed the maximum by the amount of the 865 base student allocation adjusted by the district cost 866 differential. 867 4. Reduce the district’s class-size-reduction operating 868 categorical allocation by an amount equal to the sum of the 869 calculations in subparagraphs 2. and 3. The commissioner is 870 authorized to withhold the distribution of class size reduction 871 allocation funds to the extent necessary to comply with this 872 section. 873(a)1.Beginning in the 2003-2004 fiscal year, if the874department determines for any year that a school district has875not reduced average class size as required in subsection (2) at876the time of the third FEFP calculation, the department shall877calculate an amount from the class size reduction operating878categorical which is proportionate to the amount of class size879reduction not accomplished. Upon verification of the880department’s calculation by the Florida Education Finance881Program Appropriation Allocation Conference and not later than882March 1 of each year, the Executive Office of the Governor shall883transfer undistributed funds equivalent to the calculated amount884from the district’s class size reduction operating categorical885to an approved fixed capital outlay appropriation for class size886reduction in the affected district pursuant to s.216.292(2)(d).887The amount of funds transferred shall be the lesser of the888amount verified by the Florida Education Finance Program889Appropriation Allocation Conference or the undistributed balance890of the district’s class size reduction operating categorical.8912.In lieu of the transfer required by subparagraph 1., the892Commissioner of Education may recommend a budget amendment,893subject to approval by the Legislative Budget Commission, to894transfer an alternative amount of funds from the district’s895class size reduction operating categorical to its approved fixed896capital outlay account for class size reduction if the897commissioner finds that the State Board of Education has898reviewed evidence indicating that a district has been unable to899meet class size reduction requirements despite appropriate900effort to do so. The commissioner’s budget amendment must be901submitted to the Legislative Budget Commission by February 15 of902each year.9033.For the 2007-2008 fiscal year and thereafter, if in any904fiscal year funds from a district’s class size operating905categorical are required to be transferred to its fixed capital906outlay fund and the district’s class size operating categorical907allocation in the General Appropriations Act for that fiscal908year has been reduced by a subsequent appropriation, the909Commissioner of Education may recommend a 50-percent reduction910in the amount of the transfer.911 (b)(c)Upon verification of the department’s calculation by 912 the Florida Education Finance Program Appropriation Allocation 913 Conference and no later than March 1 of each year, the Executive 914 Office of the Governor shall place these funds in reserve, and 915 the undistributed funds shall revert to the General Revenue Fund 916 unallocated at the end of the fiscal year. The amount of funds 917 reduced shall be the lesser of the amount verified by the 918 Florida Education Finance Program Appropriation Allocation 919 Conference or the undistributed balance of the district’s class 920 size-reduction operating categorical allocation. 921 (c)(d)In lieu of the reduction calculation in paragraph 922 (a)(b), if the Commissioner of Education has evidence that a 923 district has been unable to meet the class size requirements 924 despite appropriate efforts to do so or because of an extreme 925 emergency, he or she may recommend a budget amendment, subject 926 to approval of the Legislative Budget Commission, to reduce an 927 alternative amount of funds from the district’s class-size 928 reduction operating categorical allocation. The commissioner’s 929 budget amendment must be submitted to the Legislative Budget 930 Commission by February 15 of each year. 931 (d) The March 1 and February 15 dates in paragraphs (b) and 932 (c) do not apply for the 2010-2011 fiscal year. 933(e)In addition to the calculation required in paragraph934(a), at the time of the third FEFP calculation for the 2009-2010935fiscal year, the department shall also prepare a simulated936calculation based on the requirements in paragraphs (b) and (c).937This simulated calculation shall be provided to the school938districts and the Legislature.939 (5) TEAM-TEACHING STRATEGIES.— 940 (a) School districts may use teaching strategies that 941 include the assignment of more than one teacher to a classroom 942 of students and that were implemented before July 1, 2005. 943 Effective July 1, 2005, school districts may implement 944 additional teaching strategies that include the assignment of 945 more than one teacher to a classroom of students for the 946 following purposes only: 947 1. Pairing teachers for the purpose of staff development. 948 2. Pairing new teachers with veteran teachers. 949 3. Reducing turnover among new teachers. 950 4. Pairing teachers who are teaching out-of-field with 951 teachers who are in-field. 952 5. Providing for more flexibility and innovation in the 953 classroom. 954 6. Improving learning opportunities for students, including 955 students who have disabilities. 956 (b) Teaching strategies, including team teaching, co 957 teaching, or inclusion teaching, implemented on or after July 1, 958 2005, pursuant to paragraph (a) may be implemented subject to 959 the following restrictions: 960 1. Reasonable limits shall be placed on the number of 961 students in a classroom so that classrooms are not overcrowded. 962 Teacher-to-student ratios within a curriculum area or grade 963 level must not exceed constitutional limits. 964 2. At least one member of the team must have at least 3 965 years of teaching experience. 966 3. At least one member of the team must be teaching in 967 field. 968 4. The teachers must be trained in team-teaching methods 969 within 1 year after assignment. 970 (c) As used in this subsection, the term: 971 1. “Team teaching” or “co-teaching” means two or more 972 teachers are assigned to a group of students and each teacher is 973 responsible for all of the students during the entire class 974 period. In order to be considered team teaching or co-teaching, 975 each teacher is responsible for planning, delivering, and 976 evaluating instruction for all students in the class or subject 977 for the entire class period. 978 2. “Inclusion teaching” means two or more teachers are 979 assigned to a group of students, but one of the teachers is 980 responsible for only one student or a small group of students in 981 the classroom. 982 983 The use of strategies implemented as outlined in this subsection 984 meets the letter and intent of the Florida Constitution and the 985 Florida Statutes which relate to implementing class size 986 reduction, and this subsection applies retroactively. A school 987 district may not be penalized financially or otherwise as a 988 result of the use of any legal strategy, including, but not 989 limited to, those set forth in subsection (3) and this 990 subsection. 991 Section 14. Subsection (2) of section 1003.492, Florida 992 Statutes, is amended to read: 993 1003.492 Industry-certified career education programs.— 994 (2) The State Board of Education shall use the expertise of 995 Workforce Florida, Inc., and Enterprise Florida, Inc., to 996 develop and adopt rules pursuant to ss. 120.536(1) and 120.54 997 for implementing an industry certification process. Industry 998 certification shall be defined by the Agency for Workforce 999 Innovation, based upon the highest available national standards 1000 for specific industry certification, to ensure student skill 1001 proficiency and to address emerging labor market and industry 1002 trends. A regional workforce board or a career and professional 1003 academy may apply to Workforce Florida, Inc., to request 1004 additions to the approved list of industry certifications based 1005 on high-demand job requirements in the regional economy. The 1006 list of industry certifications approved by Workforce Florida, 1007 Inc., and the Department of Education shall be published and 1008 updated annually by a date certain, to be included in the 1009 adopted rule. 1010 Section 15. Subsection (1) of section 1006.28, Florida 1011 Statutes, is amended to read: 1012 1006.28 Duties of district school board, district school 1013 superintendent; and school principal regarding K-12 1014 instructional materials.— 1015 (1) DISTRICT SCHOOL BOARD.—The district school board has 1016 the duty to provide adequate instructional materials for all 1017 students in accordance with the requirements of this part. The 1018 term “adequate instructional materials” means a sufficient 1019 number of textbooks or sets of materials that are available in 1020 bound, unbound, kit, or package form and may consist of hard 1021 backed or soft-backed textbooks, electronic content, 1022 consumables, learning laboratories, manipulatives, electronic 1023 media, and computer courseware or software that serve as the 1024 basis for instruction for each student in the core courses of 1025 mathematics, language arts, social studies, science, reading, 1026 and literature, except for instruction for which the school 1027 advisory council approves the use of a program that does not 1028 include a textbook as a major tool of instruction. The district 1029 school board has the following specific duties: 1030 (a) Courses of study; adoption.—Adopt courses of study for 1031 use in the schools of the district. 1032 (b) Textbooks.—Provide for proper requisitioning, 1033 distribution, accounting, storage, care, and use of all 1034 instructional materials furnished by the state and furnish such 1035 other instructional materials as may be needed. The district 1036 school board shall assure that instructional materials used in 1037 the district are consistent with the district goals and 1038 objectives and the curriculum frameworks adopted by rule of the 1039 State Board of Education, as well as with the state and district 1040 performance standards provided for in s. 1001.03(1). 1041 (c) Other instructional materials.—Provide such other 1042 teaching accessories and aids as are needed for the school 1043 district’s educational program. 1044 (d) School library media services; establishment and 1045 maintenance.—Establish and maintain a program of school library 1046 media services for all public schools in the district, including 1047 school library media centers, or school library media centers 1048 open to the public, and, in addition such traveling or 1049 circulating libraries as may be needed for the proper operation 1050 of the district school system. 1051 Section 16. Section 1006.281, Florida Statutes, is created 1052 to read: 1053 1006.281 Learning management systems.— 1054 (1) To ensure that all school districts have equitable 1055 access to digitally rich instructional materials, districts are 1056 encouraged to provide access to an electronic learning 1057 management system that allows teachers, students, and parents to 1058 access, organize, and use electronically available instructional 1059 materials and teaching and learning tools and resources, and 1060 that enables teachers to manage, assess, and track student 1061 learning. 1062 (2) To the extent fiscally and technologically feasible, a 1063 school district’s electronic learning management system should 1064 allow for a single, authenticated sign-on and include the 1065 following functionality: 1066 (a) Vertically searches for, gathers, and organizes 1067 specific standards-based instructional materials. 1068 (b) Enables teachers to prepare lessons, individualize 1069 student instruction, and use best practices in providing 1070 instruction. 1071 (c) Provides communication, including access to up-to-date 1072 student performance data, in order to help teachers and parents 1073 better serve the needs of students. 1074 (d) Provides access for administrators to ensure quality of 1075 instruction within every classroom. 1076 (e) Provides access to multiple content providers. 1077 (3) The Department of Education shall provide assistance as 1078 requested by school districts in their deployment of a district 1079 electronic learning management system. 1080 Section 17. Subsection (4) of section 1006.29, Florida 1081 Statutes, is amended to read: 1082 1006.29 State instructional materials committees.— 1083 (4) For purposes of state adoption, “instructional 1084 materials” means items having intellectual content that by 1085 design serve as a major tool for assisting in the instruction of 1086 a subject or course. These items may be available in bound, 1087 unbound, kit, or package form and may consist of hardbacked or 1088 softbacked textbooks, electronic content, consumables, learning 1089 laboratories, manipulatives, electronic media, and computer 1090 courseware or software. The term does not include electronic or 1091 computer hardware even if such hardware is bundled with software 1092 or other electronic media, nor does it include equipment or 1093 supplies. A publisher or manufacturer providing instructional 1094 materials as a single bundle shall also make the instructional 1095 materials available as separate and unbundled items, each priced 1096 individually. Any instructional materials adopted after 2012 1097 2013 for students in grades 9 through 12 shall be provided 1098 primarily in an electronic format. 1099 Section 18. Paragraph (b) of subsection (1) of section 1100 1006.33, Florida Statutes, is amended to read: 1101 1006.33 Bids or proposals; advertisement and its contents.— 1102 (1) 1103 (b) The advertisement shall state that, beginning in 2010 1104 2011, each bidder shall furnish electronic specimen copies of 1105 all instructional materials submitted, at a time designated by 1106 the department, which specimen copies shall be identical with 1107 the copies approved and accepted by the members of the state 1108 instructional materials committee, as prescribed in this 1109 section, and with the copies furnished to the department and 1110 district school superintendents, as provided in this part. Any 1111 district school superintendent who requires samples in addition 1112 to the electronic format must request those samples through the 1113 department. 1114 Section 19. Paragraph (a) of subsection (3) and subsection 1115 (4) of section 1006.40, Florida Statutes, are amended to read: 1116 1006.40 Use of instructional materials allocation; 1117 instructional materials, library books, and reference books; 1118 repair of books.— 1119 (3)(a) Each district school board shall use the annual 1120 allocation for the purchase of instructional materials included 1121 on the state-adopted list, except as otherwise authorized in 1122 paragraphs (b) and (c). No less than 50 percent of the annual 1123 allocation shall be used to purchase items which will be used to 1124 provide instruction to students at the level or levels for which 1125 the materials are designed. Beginning with the 2012-2013 fiscal 1126 year, not less than 10 percent of the annual allocation shall be 1127 used to purchase items for which the major tool of instruction 1128 is used electronically. 1129 (4) The funds described in subsection (3) which district 1130 school boards may use to purchase materials not on the state 1131 adopted list shall be used for the purchase of instructional 1132 materials or other items having intellectual content which 1133 assist in the instruction of a subject or course. These items 1134 may be available in bound, unbound, kit, or package form and may 1135 consist of hardbacked or softbacked textbooks, electronic 1136 content, replacements for items which were part of previously 1137 purchased instructional materials, consumables, learning 1138 laboratories, manipulatives, electronic media, computer 1139 courseware or software, and other commonly accepted 1140 instructional tools as prescribed by district school board rule. 1141 The funds available to district school boards for the purchase 1142 of materials not on the state-adopted list may not be used to 1143 purchaseelectronic orcomputerhardware even if such hardware 1144 is bundled with software or other electronic media, nor may such 1145 funds be used to purchase equipment or supplies. However, when 1146 authorized to do so in the General Appropriations Act, a school 1147 or district school board may use a portion of the funds 1148 available to it for the purchase of materials not on the state 1149 adopted list to purchase science laboratory materials and 1150 supplies. 1151 Section 20. Subsection (1) of section 1007.27, Florida 1152 Statutes, is amended to read: 1153 1007.27 Articulated acceleration mechanisms.— 1154 (1) It is the intent of the Legislature that a variety of 1155 articulated acceleration mechanisms be available for secondary 1156 and postsecondary students attending public educational 1157 institutions. It is intended that articulated acceleration serve 1158 to shorten the time necessary for a student to complete the 1159 requirements associated with the conference of a high school 1160 diploma and a postsecondary degree, broaden the scope of 1161 curricular options available to students, or increase the depth 1162 of study available for a particular subject. Articulated 1163 acceleration mechanisms shall include, but not be limited to, 1164 dual enrollment as provided for in s. 1007.271, early admission, 1165 advanced placement, credit by examination, the International 1166 Baccalaureate Program, and the Advanced International 1167 Certificate of Education Program. Credit earned through the 1168 Florida Virtual School shall provide additional opportunities 1169 for early graduation and acceleration. Students of Florida 1170 public secondary schools enrolled pursuant to this subsection 1171 shall be deemed authorized users of the state-funded electronic 1172 library resources that are licensed for public colleges and 1173 universities by the Florida Center for Library Automation and 1174 the College Center for Library Automation. Verification of 1175 eligibility shall be in accordance with rules established by the 1176 State Board of Education and the Board of Governors and 1177 processes implemented by public colleges and universities. 1178 Section 21. Paragraph (c) of subsection (3) of section 1179 1008.34, Florida Statutes, is amended to read: 1180 1008.34 School grading system; school report cards; 1181 district grade.— 1182 (3) DESIGNATION OF SCHOOL GRADES.— 1183 (c) Student assessment data used in determining school 1184 grades shall include: 1185 1. The aggregate scores of all eligible students enrolled 1186 in the school who have been assessed on the FCAT. 1187 2. The aggregate scores of all eligible students enrolled 1188 in the school who have been assessed on the FCAT and who have 1189 scored at or in the lowest 25th percentile of students in the 1190 school in reading, mathematics, or writing, unless these 1191 students are exhibiting satisfactory performance. 1192 3. Effective with the 2005-2006 school year, the 1193 achievement scores and learning gains of eligible students 1194 attending alternative schools that provide dropout prevention 1195 and academic intervention services pursuant to s. 1003.53. The 1196 term “eligible students” in this subparagraph does not include 1197 students attending an alternative school who are subject to 1198 district school board policies for expulsion for repeated or 1199 serious offenses, who are in dropout retrieval programs serving 1200 students who have officially been designated as dropouts, or who 1201 are in programs operated or contracted by the Department of 1202 Juvenile Justice. The student performance data for eligible 1203 students identified in this subparagraph shall be included in 1204 the calculation of the home school’s grade. As used in this 1205 section and s. 1008.341, the term “home school” means the school 1206 to which the student would be assigned if the student were not 1207 assigned to an alternative school. If an alternative school 1208 chooses to be graded under this section, student performance 1209 data for eligible students identified in this subparagraph shall 1210 not be included in the home school’s grade but shall be included 1211 only in the calculation of the alternative school’s grade. A 1212 school district that fails to assign the FCAT scores of each of 1213 its students to his or her home school or to the alternative 1214 school that receives a grade shall forfeit Florida School 1215 Recognition Program funds for 1 fiscal year. School districts 1216 must require collaboration between the home school and the 1217 alternative school in order to promote student success. This 1218 collaboration must include an annual discussion between the 1219 principal of the alternative school and the principal of each 1220 student’s home school concerning the most appropriate school 1221 assignment of the student. 1222 4. Beginning with the 2009-2010 school year for schools 1223 comprised of high school grades 9, 10, 11, and 12, or grades 10, 1224 11, and 12, the data listed in subparagraphs 1.-3. and the 1225 following data as the Department of Education determines such 1226 data are valid and available: 1227 a. The high school graduation rate of the school as 1228 calculated by the Department of Education; 1229 b. The successful completionparticipationrate of all 1230 eligible students enrolled in the school and enrolled in College 1231 Board Advanced Placement courses; International Baccalaureate 1232 courses; dual enrollment courses; Advanced International 1233 Certificate of Education courses; and courses or sequence of 1234 courses leading to industry certification, as determined by the 1235 Agency for Workforce Innovation under s. 1003.492(2) in a career 1236 and professional academy, as described in s. 1003.493; 1237 c. The aggregate scores of all eligible students enrolled 1238 in the school in College Board Advanced Placement courses, 1239 International Baccalaureate courses, and Advanced International 1240 Certificate of Education courses; 1241 d. Earning of college credit by all eligible students 1242 enrolled in the school in dual enrollment programs under s. 1243 1007.271; 1244 e. Earning of an industry certification, as determined by 1245 the Agency for Workforce Innovation under s. 1003.492(2) in a 1246 career and professional academy, as described in s. 1003.493; 1247 f. The aggregate scores of all eligible students enrolled 1248 in the school in reading, mathematics, and other subjects as 1249 measured by the SAT, the ACT, and the common placement test for 1250 postsecondary readiness; 1251 g. The high school graduation rate of all eligible at-risk 1252 students enrolled in the school who scored at Level 2 or lower 1253 on the grade 8 FCAT Reading and Mathematics examinations; 1254 h. The performance of the school’s students on statewide 1255 standardized end-of-course assessments administered under s. 1256 1008.22; and 1257 i. The growth or decline in the data components listed in 1258 sub-subparagraphs a.-h. from year to year. 1259 1260 The State Board of Education shall adopt appropriate criteria 1261 for each school grade. The criteria must also give added weight 1262 to student achievement in reading. Schools designated with a 1263 grade of “C,” making satisfactory progress, shall be required to 1264 demonstrate that adequate progress has been made by students in 1265 the school who are in the lowest 25th percentile in reading, 1266 mathematics, or writing on the FCAT, unless these students are 1267 exhibiting satisfactory performance. Beginning with the 2009 1268 2010 school year for schools comprised of high school grades 9, 1269 10, 11, and 12, or grades 10, 11, and 12, the criteria for 1270 school grades must also give added weight to the graduation rate 1271 of all eligible at-risk students, as defined in this paragraph. 1272 Beginning in the 2009-2010 school year, in order for a high 1273 school to be designated as having a grade of “A,” making 1274 excellent progress, the school must demonstrate that at-risk 1275 students, as defined in this paragraph, in the school are making 1276 adequate progress. 1277 Section 22. Section 1011.03, Florida Statutes, is amended 1278 to read: 1279 1011.03 Public hearings; budget to be submitted to 1280 Department of Education.— 1281 (1) Each district school board must cause a summary of its 1282 tentative budget, including the proposed millage levies as 1283 provided for by law,and graphs illustrating a historical1284summary of financial and demographic data,to be posted online 1285 and advertisedat leastone timeas a full-page advertisementin 1286 athenewspaper of generalwith the largestcirculation 1287 published in the district or to be posted at the courthousedoor1288 if there be no such newspaper. 1289(2)(a)The advertisement must include a graph illustrating1290the historical summary of financial and demographic data for1291each of the following data values which shall be plotted along1292the vertical axis of each graph:12931.Total revenue provided to the school district from all1294sources for the corresponding fiscal year, including all1295federal, state, and local revenue.12962.Total revenue provided to the school district for the1297corresponding fiscal year for current operations.12983.Total revenue provided to the school district for the1299corresponding fiscal year for fixed capital outlay projects.13004.Total revenue provided to the school district for the1301corresponding fiscal year for debt service.13025.Total number of unweighted full-time equivalent1303students, inclusive of all programs listed in s.1011.62.13046.Total revenue provided to the school district for1305current operations divided by the number of unweighted full-time1306equivalent students for the corresponding fiscal year.13077.Total number of employees of the school district for the1308corresponding fiscal year.13098.Total number of employees of the school district1310classified as instructional personnel under s.1012.01for the1311corresponding fiscal year.1312(b)Each graph must include a separate histogram1313corresponding to the financial and demographic data for each of1314the following fiscal years, which shall be plotted along the1315horizontal axis of each graph:13161.Current fiscal year.13172.Fiscal year that is 5 years before the current fiscal1318year.13193.Fiscal year that is 10 years before the current fiscal1320year.1321(c)The numeric value of the financial and demographic data1322corresponding to each histogram must be included in each graph.1323 (2)(3)The advertisement of a district that has been 1324 required by the Legislature to increase classroom expenditures 1325 pursuant to s. 1011.64 must include the following statement: 1326 1327 “This proposed budget reflects an increase in classroom 1328 expenditures as a percent of total current operating 1329 expenditures of XX percent over the (previous fiscal year) 1330 fiscal year. This increase in classroom expenditures is required 1331 by the Legislature because the district has performed below the 1332 required performance standard on XX of XX student performance 1333 standards for the (previous school year) school year. In order 1334 to achieve the legislatively required level of classroom 1335 expenditures as a percentage of total operating expenditures, 1336 the proposed budget includes an increase in overall classroom 1337 expenditures of $XX,XXX,XXX above the amount spent for this same 1338 purpose during the (previous fiscal year) fiscal year. In order 1339 to achieve improved student academic performance, this proposed 1340 increase is being budgeted for the following activities: 1341 ...(list activities and amount budgeted)....” 1342 (3)(4)The advertisement shall appear adjacent to the 1343 advertisement required pursuant to s. 200.065. The State Board 1344 of Education may adopt rules necessary to provide specific 1345 requirements for the format of the advertisement. 1346 (4)(5)The board shall hold public hearings to adopt 1347 tentative and final budgets pursuant to s. 200.065. The hearings 1348 shall be primarily for the purpose of hearing requests and 1349 complaints from the public regarding the budgets and the 1350 proposed tax levies and for explaining the budget and proposed 1351 or adopted amendments thereto, if any. The district school board 1352 shall then require the superintendent to transmit forthwith two 1353 copies of the adopted budget to the Department of Education for 1354 approval as prescribed by law and rules of the State Board of 1355 Education. 1356 Section 23. Subsection (2) of section 1011.60, Florida 1357 Statutes, is amended to read: 1358 1011.60 Minimum requirements of the Florida Education 1359 Finance Program.—Each district which participates in the state 1360 appropriations for the Florida Education Finance Program shall 1361 provide evidence of its effort to maintain an adequate school 1362 program throughout the district and shall meet at least the 1363 following requirements: 1364 (2) MINIMUM TERM.—Operate all schools for a term of 180 1365 actual teaching days or the equivalent on an hourly basisas1366specified by rules of the State Board of Educationeach school 1367 year. The State Board of Education may prescribe procedures for 1368 altering, and, upon written application, may alter, this 1369 requirement during a national, state, or local emergency as it 1370 may apply to an individual school or schools in any district or 1371 districts if, in the opinion of the board, it is not feasible to 1372 make up lost days or hours, and the apportionment may, at the 1373 discretion of the Commissioner of Education and if the board 1374 determines that the reduction of school days or hours is caused 1375 by the existence of a bona fide emergency, be reduced for such 1376 district or districts in proportion to the decrease in the 1377 length of term in any such school or schools. A strike, as 1378 defined in s. 447.203(6), by employees of the school district 1379 may not be considered an emergency. 1380 Section 24. Paragraphs (m), (n), (o), (p), and (q) of 1381 subsection (1), paragraph (b) of subsection (6), paragraph (d) 1382 of subsection (7), and paragraph (a) of subsection (12) of 1383 section 1011.62, Florida Statutes, are amended to read: 1384 1011.62 Funds for operation of schools.—If the annual 1385 allocation from the Florida Education Finance Program to each 1386 district for operation of schools is not determined in the 1387 annual appropriations act or the substantive bill implementing 1388 the annual appropriations act, it shall be determined as 1389 follows: 1390 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1391 OPERATION.—The following procedure shall be followed in 1392 determining the annual allocation to each district for 1393 operation: 1394 (m) Calculation of additional full-time equivalent 1395 membership based on international baccalaureate examination 1396 scores of students.—A value of 0.10.16full-time equivalent 1397 student membership shall be calculated for each student enrolled 1398 in an international baccalaureate course who receives a score of 1399 4 or higher on a subject examination. A value of 0.3 full-time 1400 equivalent student membership shall be calculated for each 1401 student who receives an international baccalaureate diploma. 1402 Such value shall be added to the total full-time equivalent 1403 student membership in basic programs for grades 9 through 12 in 1404 the subsequent fiscal year. The school district shall distribute 1405 to each classroom teacher who provided international 1406 baccalaureate instruction: 1407 1. A bonus in the amount of $25$50for each student taught 1408 by the International Baccalaureate teacher in each international 1409 baccalaureate course who receives a score of 4 or higher on the 1410 international baccalaureate examination. 1411 2. An additional bonus of $250$500to each International 1412 Baccalaureate teacher in a school designated with a grade of “D” 1413 or “F” who has at least one student scoring 4 or higher on the 1414 international baccalaureate examination, regardless of the 1415 number of classes taught or of the number of students scoring a 1416 4 or higher on the international baccalaureate examination. 1417 1418 Bonuses awarded to a teacher according to this paragraph shall 1419 not exceed $1,000$2,000in any given school year and shall be 1420 in addition to any regular wage or other bonus the teacher 1421 received or is scheduled to receive. 1422 (n) Calculation of additional full-time equivalent 1423 membership based on Advanced International Certificate of 1424 Education examination scores of students.—A value of 0.10.161425 full-time equivalent student membership shall be calculated for 1426 each student enrolled in a full-credit Advanced International 1427 Certificate of Education course who receives a score of E or 1428 higher on a subject examination. A value of 0.050.08full-time 1429 equivalent student membership shall be calculated for each 1430 student enrolled in a half-credit Advanced International 1431 Certificate of Education course who receives a score of E or 1432 higher on a subject examination. A value of 0.3 full-time 1433 equivalent student membership shall be calculated for each 1434 student who receives an Advanced International Certificate of 1435 Education diploma. Such value shall be added to the total full 1436 time equivalent student membership in basic programs for grades 1437 9 through 12 in the subsequent fiscal year. The school district 1438 shall distribute to each classroom teacher who provided Advanced 1439 International Certificate of Education instruction: 1440 1. A bonus in the amount of $25$50for each student taught 1441 by the Advanced International Certificate of Education teacher 1442 in each full-credit Advanced International Certificate of 1443 Education course who receives a score of E or higher on the 1444 Advanced International Certificate of Education examination. A 1445 bonus in the amount of $12.50$25for each student taught by the 1446 Advanced International Certificate of Education teacher in each 1447 half-credit Advanced International Certificate of Education 1448 course who receives a score of E or higher on the Advanced 1449 International Certificate of Education examination. 1450 2. An additional bonus of $250$500to each Advanced 1451 International Certificate of Education teacher in a school 1452 designated with a grade of “D” or “F” who has at least one 1453 student scoring E or higher on the full-credit Advanced 1454 International Certificate of Education examination, regardless 1455 of the number of classes taught or of the number of students 1456 scoring an E or higher on the full-credit Advanced International 1457 Certificate of Education examination. 1458 3. Additional bonuses of $125$250each to teachers of 1459 half-credit Advanced International Certificate of Education 1460 classes in a school designated with a grade of “D” or “F” which 1461 has at least one student scoring an E or higher on the half 1462 credit Advanced International Certificate of Education 1463 examination in that class. The maximum additional bonus for a 1464 teacher awarded in accordance with this subparagraph shall not 1465 exceed $250$500in any given school year. Teachers receiving an 1466 award under subparagraph 2. are not eligible for a bonus under 1467 this subparagraph. 1468 1469 Bonuses awarded to a teacher according to this paragraph shall 1470 not exceed $1,000$2,000in any given school year and shall be 1471 in addition to any regular wage or other bonus the teacher 1472 received or is scheduled to receive. 1473 (o) Calculation of additional full-time equivalent 1474 membership based on college board advanced placement scores of 1475 students.—A value of 0.10.16full-time equivalent student 1476 membership shall be calculated for each student in each advanced 1477 placement course who receives a score of 3 or higher on the 1478 College Board Advanced Placement Examination for the prior year 1479 and added to the total full-time equivalent student membership 1480 in basic programs for grades 9 through 12 in the subsequent 1481 fiscal year. A student who receives a score of 3 or higher and 1482 did not take the advanced placement course is not eligible for 1483 the 0.1 FTE membership. Each district must allocate at least 80 1484 percent of the funds provided to the district for advanced 1485 placement instruction, in accordance with this paragraph, to the 1486 high school that generates the funds. The school district shall 1487 distribute to each classroom teacher who provided advanced 1488 placement instruction: 1489 1. A bonus in the amount of $25$50for each student taught 1490 by the Advanced Placement teacher in each advanced placement 1491 course who receives a score of 3 or higher on the College Board 1492 Advanced Placement Examination. 1493 2. An additional bonus of $250$500to each Advanced 1494 Placement teacher in a school designated with a grade of “D” or 1495 “F” who has at least one student scoring 3 or higher on the 1496 College Board Advanced Placement Examination, regardless of the 1497 number of classes taught or of the number of students scoring a 1498 3 or higher on the College Board Advanced Placement Examination. 1499 1500 Bonuses awarded to a teacher according to this paragraph shall 1501 not exceed $1,000$2,000in any given school year and shall be 1502 in addition to any regular wage or other bonus the teacher 1503 received or is scheduled to receive. 1504 (p) Calculation of additional full-time equivalent 1505 membership based on certification of successful completion of 1506 industry-certified career and professional academy programs 1507 pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified 1508 in the Industry Certified Funding List pursuant to rules adopted 1509 by the State Board of Education.—A value of 0.3 full-time 1510 equivalent student membership shall be calculated for each 1511 student who completes an industry-certified career and 1512 professional academy program under ss. 1003.491, 1003.492, and 1513 1003.493 and who is issued the highest level of industry 1514 certification identified annually in the Industry Certification 1515 Funding List approved under rules adopted by the State Board of 1516 Education and a high school diploma. Such value shall be added 1517 to the total full-time equivalent student membership in 1518 secondary career education programs for grades 9 through 12 in 1519 the subsequent year for courses that were not funded through 1520 dual enrollment. The additional full-time equivalent membership 1521 authorized under this paragraph may not exceed 0.3 per student. 1522 Each district must allocate at least 80 percent of the funds 1523 provided for industry certification, in accordance with this 1524 paragraph, to the program that generated the funds. Unless a 1525 different amount is specified in the General Appropriations Act, 1526 the appropriation for this calculation is limited to $15 million 1527 annually. If the appropriation is insufficient to fully fund the 1528 total calculation, the appropriation shall be prorated. 1529(q)Calculation of additional full-time equivalent1530membership for the Florida Virtual School.—The reported full1531time equivalent student membership for the Florida Virtual1532School for students who are also enrolled in a school district1533shall be multiplied by0.114, and such value shall be added to1534the total full-time equivalent student membership.1535 (6) CATEGORICAL FUNDS.— 1536 (b) If a district school board finds and declares in a 1537 resolution adopted at a regular meeting of the school board that 1538 the funds received for any of the following categorical 1539 appropriations are urgently needed to maintain school board 1540 specified academic classroom instruction, the school board may 1541 consider and approve an amendment to the school district 1542 operating budget transferring the identified amount of the 1543 categorical funds to the appropriate account for expenditure: 1544 1. Funds for student transportation. 1545 2. Funds for safe schools. 1546 3. Funds for supplemental academic instruction. 1547 4. Funds for research-based reading instruction. 1548 5. Funds for instructional materials if all instructional 1549 material purchases necessary to provide updated materials 1550 aligned to Next Generation Sunshine State Standards and 1551 benchmarks and that meet statutory requirements of content and 1552 learning have been completed for that fiscal year, but no sooner 1553 than March 1, 20112010. Funds available after March 1 may be 1554 used to purchase hardware used to provide student instruction. 1555 (7) DETERMINATION OF SPARSITY SUPPLEMENT.— 1556 (d) Each district’s allocation of sparsity supplement funds 1557 shall be adjusted in the following manner: 1558 1. A maximum discretionary levy per FTE value for each 1559 district shall be calculated by dividing the value of each 1560 district’s maximum discretionary levy by its FTE student count. 1561 2. A state average discretionary levy value per FTE shall 1562 be calculated by dividing the total maximum discretionary levy 1563 value for all districts by the state total FTE student count. 1564 3. A total potential funds per FTE for each district shall 1565 be calculated by dividing the total potential funds, not 1566 including Florida School Recognition Program funds, Merit Award 1567 Program funds, and the minimum guarantee funds, for each 1568 district by its FTE student count. 1569 4. A state average total potential funds per FTE shall be 1570 calculated by dividing the total potential funds, not including 1571 Florida School Recognition Program funds, Merit Award Program 1572 funds, and the minimum guarantee funds, for all districts by the 1573 state total FTE student count. 1574 5. For districts that have a levy value per FTE as 1575 calculated in subparagraph 1. higher than the state average 1576 calculated in subparagraph 2., a sparsity wealth adjustment 1577 shall be calculated as the product of the difference between the 1578 state average levy value per FTE calculated in subparagraph 2. 1579 and the district’s levy value per FTE calculated in subparagraph 1580 1. and the district’s FTE student count and -1. However, no 1581 district shall have a sparsity wealth adjustment that, when 1582 applied to the total potential funds calculated in subparagraph 1583 3., would cause the district’s total potential funds per FTE to 1584 be less than the state average calculated in subparagraph 4. 1585 6. Each district’s sparsity supplement allocation shall be 1586 calculated by adding the amount calculated as specified in 1587 paragraphs (a) and (b) and the wealth adjustment amount 1588 calculated in this paragraph. 1589 (12) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR 1590 CURRENT OPERATION.—The total annual state allocation to each 1591 district for current operation for the FEFP shall be distributed 1592 periodically in the manner prescribed in the General 1593 Appropriations Act. 1594 (a) If the funds appropriated for current operation of the 1595 FEFP are not sufficient to pay the state requirement in full, 1596 the department shall prorate the available state funds to each 1597 district in the following manner: 1598 1. Determine the percentage of proration by dividing the 1599 sum of the total amount for current operation, as provided in 1600 this paragraph for all districts collectively, and the total 1601 district required local effort into the sum of the state funds 1602 available for current operation and the total district required 1603 local effort. 1604 2. Multiply the percentage so determined by the sum of the 1605 total amount for current operation as provided in this paragraph 1606 and the required local effort for each individual district. 1607 3. From the product of such multiplication, subtract the 1608 required local effort of each district; and the remainder shall 1609 be the amount of state funds allocated to the district for 1610 current operation; however, no calculation subsequent to the 1611 appropriation shall result in negative state funds for any 1612 district. 1613 Section 25. Paragraph (a) of subsection (4) of section 1614 1011.64, Florida Statutes, is amended to read: 1615 1011.64 School district minimum classroom expenditure 1616 requirements.— 1617 (4) In order for the Department of Education to monitor the 1618 implementation of this section, each school district which is 1619 required to increase emphasis on classroom activities from 1620 operating funds pursuant to subsection (1) shall submit to the 1621 department the following two reports in a format determined by 1622 the department: 1623 (a) An initial report, which shall include the proposed 1624 budget actions identified for increased classroom expenditures, 1625 a description of how such actions are designed to improve 1626 student achievement, and a copy of the published statement 1627 required by s. 1011.03(2)s.1011.03(3). This report shall be 1628 submitted within 30 days after final budget approval as provided 1629 in s. 200.065. 1630 Section 26. Subsection (1) of section 1011.67, Florida 1631 Statutes, is amended to read: 1632 1011.67 Funds for instructional materials.— 1633 (1) The department is authorized to allocate and distribute 1634 to each district an amount as prescribed annually by the 1635 Legislature for instructional materials for student membership 1636 in basic and special programs in grades K-12, which will provide 1637 for growth and maintenance needs. For purposes of this 1638 subsection, unweighted full-time equivalent students enrolled in 1639 the lab schools in state universities are to be included as 1640 school district students and reported as such to the department. 1641These funds shall be distributed to school districts as follows:164250 percent on or about July 10; 35 percent on or about October164310; 10 percent on or about January 10; and 5 percent on or about1644June 10.The annual allocation shall be determined as follows: 1645 (a) The growth allocation for each school district shall be 1646 calculated as follows: 1647 1. Subtract from that district’s projected full-time 1648 equivalent membership of students in basic and special programs 1649 in grades K-12 used in determining the initial allocation of the 1650 Florida Education Finance Program, the prior year’s full-time 1651 equivalent membership of students in basic and special programs 1652 in grades K-12 for that district. 1653 2. Multiply any such increase in full-time equivalent 1654 student membership by the allocation for a set of instructional 1655 materials, as determined by the department, or as provided for 1656 in the General Appropriations Act. 1657 3. The amount thus determined shall be that district’s 1658 initial allocation for growth for the school year. However, the 1659 department shall recompute and adjust the initial allocation 1660 based on actual full-time equivalent student membership data for 1661 that year. 1662 (b) The maintenance of the instructional materials 1663 allocation for each school district shall be calculated by 1664 multiplying each district’s prior year full-time equivalent 1665 membership of students in basic and special programs in grades 1666 K-12 by the allocation for maintenance of a set of instructional 1667 materials as provided for in the General Appropriations Act. The 1668 amount thus determined shall be that district’s initial 1669 allocation for maintenance for the school year; however, the 1670 department shall recompute and adjust the initial allocation 1671 based on such actual full-time equivalent student membership 1672 data for that year. 1673 (c) In the event the funds appropriated are not sufficient 1674 for the purpose of implementing this subsection in full, the 1675 department shall prorate the funds available for instructional 1676 materials after first funding in full each district’s growth 1677 allocation. 1678 Section 27. Section 1011.66, Florida Statutes, is amended 1679 to read: 1680 1011.66 Distribution of FEFP funds.—The distribution of 1681 FEFP funds shall be made in payments on or about the 10th and 1682 26th of each month.Upon the request of any school district1683whose net state FEFP funding is less than 60 percent of its1684gross state and local FEFP funding, the Department of Education1685shall distribute to that school district in the first quarter of1686the fiscal year an amount from the funds appropriated for the1687FEFP in the General Appropriations Act up to a maximum of 151688percent of that school district’s gross state and local FEFP1689funding or that school district’s net state FEFP funding,1690whichever is less.1691 Section 28. Subsection (2) of section 1011.68, Florida 1692 Statutes, is amended to read: 1693 1011.68 Funds for student transportation.—The annual 1694 allocation to each district for transportation to public school 1695 programs, including charter schools as provided in s. 1696 1002.33(17)(b), of students in membership in kindergarten 1697 through grade 12 and in migrant and exceptional student programs 1698 below kindergarten shall be determined as follows: 1699 (2) The allocation for each district shall be calculated 1700 annually in accordance with the following formula: 1701 T = B + EX. The elements of this formula are defined as 1702 follows: T is the total dollar allocation for transportation. B 1703 is the base transportation dollar allocation prorated by an 1704 adjusted student membership count. The adjusted membership count 1705 shall be derived from a multiplicative index function in which 1706 the base 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. EX is the base transportation 1710 dollar allocation for disabled students prorated by an adjusted 1711 disabled student membership count. The base transportation 1712 dollar allocation for disabled students is the total state base 1713 disabled student membership count weighted for increased costs 1714 associated with transporting disabled students and multiplying 1715 it by anthe prior year’saverage per student cost for 1716 transportation as determined by the Legislature. The adjusted 1717 disabled student membership count shall be derived from a 1718 multiplicative index function in which the weighted base 1719 disabled student membership is adjusted by multiplying it by 1720 index numbers that individually account for the impact of the 1721 price level index, average bus occupancy, and the extent of 1722 rural population in the district. Each adjustment factor shall 1723 be designed to affect the base allocation by no more or less 1724 than 10 percent. 1725 Section 29. Paragraph (b) of subsection (3) of section 1726 1011.71, Florida Statutes, is amended to read: 1727 1011.71 District school tax.— 1728 (3) 1729 (b) In addition to the millage authorized in this section, 1730 each district school board may, by a super majority vote, levy 1731 an additional 0.25 mills for critical capital outlay needs or 1732 for critical operating needs. If levied for capital outlay, 1733 expenditures shall be subject to the requirements of this 1734 section. If levied for operations, expenditures shall be 1735 consistent with the requirements for operating funds received 1736 pursuant to s. 1011.62. If the district levies this additional 1737 0.25 mills for operations, the compression adjustment pursuant 1738 to s. 1011.62(5) shall be calculated and added to the district’s 1739 FEFP allocation.Millage levied pursuant to this paragraph is1740subject to the provisions of s.200.065. In order to be1741continued,millage levied pursuant to this paragraph must be1742approved by the voters of the district at the next general1743election.1744 Section 30. Subsection (2) of section 1011.73, Florida 1745 Statutes, is amended to read: 1746 1011.73 District millage elections.— 1747 (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district 1748 school board, pursuant to resolution adopted at a regular 1749 meeting, shall direct the county commissioners to call an 1750 election at which the electors within the school district may 1751 approve an ad valorem tax millage as authorized under s. 1752 1011.71(9)s.1011.71(8). Such election may be held at any time, 1753 except that not more than one such election shall be held during 1754 any 12-month period. Any millage so authorized shall be levied 1755 for a period not in excess of 4 years or until changed by 1756 another millage election, whichever is earlier. If any such 1757 election is invalidated by a court of competent jurisdiction, 1758 such invalidated election shall be considered not to have been 1759 held. 1760 Section 31. Paragraph (g) of subsection (3) of section 1761 1012.33, Florida Statutes, is amended to read: 1762 1012.33 Contracts with instructional staff, supervisors, 1763 and school principals.— 1764 (3) 1765 (g) Beginning July 1, 2001, for each employee who enters 1766 into a written contract, pursuant to this section, in a school 1767 district in which the employee was not employed as of June 30, 1768 2001, or was employed as of June 30, 2001, but has since broken 1769 employment with that district for 1 school year or more, for 1770 purposes of pay, a district school board must recognize and 1771 accept each year of full-time public school teaching service 1772 earned in the State of Florida for which the employee received a 1773 satisfactory performance evaluation; however, an employee may 1774 voluntarily waive this provision. Instructional personnel 1775 employed pursuant to s. 121.091(9)(b) and (c) are exempt from 1776 the provisions of this paragraph. 1777 Section 32. Paragraph (a) of subsection (7) of section 1778 1012.467, Florida Statutes, is amended to read: 1779 1012.467 Noninstructional contractors who are permitted 1780 access to school grounds when students are present; background 1781 screening requirements.— 1782 (7)(a) The Department of Law Enforcement shall implement a 1783 system that allows for the results of a criminal history check 1784 provided to a school district to be shared with other school 1785 districts through a secure Internet website or other secure 1786 electronic means. The Department of Law Enforcement may adopt 1787 rules under ss. 120.536(1) and 120.54 to implement this 1788 paragraph. School districts must accept reciprocity of level 2 1789 screenings for Florida High School Athletic Association 1790 Officials. 1791 Section 33. Subsection (1) of section 1012.55, Florida 1792 Statutes, is amended to read: 1793 1012.55 Positions for which certificates required.— 1794 (1) The State Board of Education shall classify school 1795 services, designate the certification subject areas, establish 1796 competencies, including the use of technology to enhance student 1797 learning, and certification requirements for all school-based 1798 personnel, and adopt rules in accordance with which the 1799 professional, temporary, and part-time certificates shall be 1800 issued by the Department of Education to applicants who meet the 1801 standards prescribed by such rules for their class of service. 1802 Each person employed or occupying a position as school 1803 supervisor, school principal, teacher, library media specialist, 1804 school counselor, athletic coach, or other position in which the 1805 employee serves in an instructional capacity, in any public 1806 school of any district of this state shall hold the certificate 1807 required by law and by rules of the State Board of Education in 1808 fulfilling the requirements of the law for the type of service 1809 rendered. Such positions include personnel providing direct 1810 instruction to students through a virtual environment or through 1811 a blended virtual and physical environment. The Department of 1812 Education shall identify appropriate educator certification for 1813 the instruction of specified courses in an annual publication of 1814 a directory of course code numbers for all programs and courses 1815 that are funded through the Florida Education Finance Program. 1816 However, the state board shall adopt rules authorizing district 1817 school boards to employ selected noncertificated personnel to 1818 provide instructional services in the individuals’ fields of 1819 specialty or to assist instructional staff members as education 1820 paraprofessionals. 1821 Section 34. Paragraphs (a) and (d) of subsection (1) of 1822 section 1013.62, Florida Statutes, are amended to read: 1823 1013.62 Charter schools capital outlay funding.— 1824 (1) In each year in which funds are appropriated for 1825 charter school capital outlay purposes, the Commissioner of 1826 Education shall allocate the funds among eligible charter 1827 schools. 1828 (a) To be eligible for a funding allocation, a charter 1829 school must: 1830 1.a. Have been in operation for 3 or more years; 1831 b. Be governed by a governing board established in the 1832 state for 3 or more years which operates both charter schools 1833 and conversion charter schools within the state; 1834 c. Be an expanded feeder chain of a charter school within 1835 the same school district that is currently receiving charter 1836 school capital outlay funds; or 1837 d. Have been accredited by the Commission on Schools of the 1838 Southern Association of Colleges and Schools. 1839 2. Have financial stability for future operation as a 1840 charter school. 1841 3. Have satisfactory student achievement based on state 1842 accountability standards applicable to the charter school. 1843 4. Have received final approval from its sponsor pursuant 1844 to s. 1002.33 for operation during that fiscal year. 1845 5. Serve students in facilities that are not provided by the 1846 charter school’s sponsor. 1847 6. Serve students in facilities that are provided by a 1848 business partner for a charter school-in-the-workplace pursuant 1849 to s. 1002.33(15)(b). 1850 (d) A charter school is not eligible for a funding 1851 allocation if it was created by the conversion of a public 1852 school and operates in facilities provided by the charter 1853 school’s sponsor for a nominal fee, or at no charge, or if it is 1854 directly or indirectly operated by the school district. 1855 Section 35. Paragraph (a) of subsection (2) of section 1856 1013.64, Florida Statutes, is amended to read: 1857 1013.64 Funds for comprehensive educational plant needs; 1858 construction cost maximums for school district capital 1859 projects.—Allocations from the Public Education Capital Outlay 1860 and Debt Service Trust Fund to the various boards for capital 1861 outlay projects shall be determined as follows: 1862 (2)(a) The department shall establish, as a part of the 1863 Public Education Capital Outlay and Debt Service Trust Fund, a 1864 separate account, in an amount determined by the Legislature, to 1865 be known as the “Special Facility Construction Account.” The 1866 Special Facility Construction Account shall be used to provide 1867 necessary construction funds to school districts which have 1868 urgent construction needs but which lack sufficient resources at 1869 present, and cannot reasonably anticipate sufficient resources 1870 within the period of the next 3 years, for these purposes from 1871 currently authorized sources of capital outlay revenue. A school 1872 district requesting funding from the Special Facility 1873 Construction Account shall submit one specific construction 1874 project, not to exceed one complete educational plant, to the 1875 Special Facility Construction Committee. No district shall 1876 receive funding for more than one approved project in any 5-year 18773-yearperiod. The first year of the 5-year3-yearperiod shall 1878 be the first year a district receives an appropriation. The 1879 department shall encourage a construction program that reduces 1880 the average size of schools in the district. The request must 1881 meet the following criteria to be considered by the committee: 1882 1. The project must be deemed a critical need and must be 1883 recommended for funding by the Special Facility Construction 1884 Committee. Prior to developing plans for the proposed facility, 1885 the district school board must request a preapplication review 1886 by the Special Facility Construction Committee or a project 1887 review subcommittee convened by the committee to include two 1888 representatives of the department and two staff from school 1889 districts not eligible to participate in the program. Within 60 1890 days after receiving the preapplication review request, the 1891 committee or subcommittee must meet in the school district to 1892 review the project proposal and existing facilities. To 1893 determine whether the proposed project is a critical need, the 1894 committee or subcommittee shall consider, at a minimum, the 1895 capacity of all existing facilities within the district as 1896 determined by the Florida Inventory of School Houses; the 1897 district’s pattern of student growth; the district’s existing 1898 and projected capital outlay full-time equivalent student 1899 enrollment as determined by the department; the district’s 1900 existing satisfactory student stations; the use of all existing 1901 district property and facilities; grade level configurations; 1902 and any other information that may affect the need for the 1903 proposed project. 1904 2. The construction project must be recommended in the most 1905 recent survey or surveys conducted and approved by the Office of 1906 Educational Facilities, in cooperation withbythe district, 1907 under the rules of the State Board of Education. 1908 3. The construction project must appear on the district’s 1909 approved project priority list under the rules of the State 1910 Board of Education. 1911 4. The district must have selected and had approved a site 1912 for the construction project in compliance with s. 1013.36 and 1913 the rules of the State Board of Education. 1914 5. The district shall have developed a district school 1915 board adopted list of facilities that do not exceed the norm for 1916 net square feet occupancy requirements under the State 1917 Requirements for Educational Facilities, using all possible 1918 programmatic combinations for multiple use of space to obtain 1919 maximum daily use of all spaces within the facility under 1920 consideration. 1921 6. Upon construction, the total cost per student station, 1922 including change orders, must not exceed the cost per student 1923 station as provided in subsection (6). 1924 7. There shall be an agreement signed by the district 1925 school board stating that it will advertise for bids within 30 1926 days of receipt of its encumbrance authorization from the 1927 department. 1928 8. The district must have levied during the prior 5 years 1929 and shall, at the time of the request and for a continuing 1930 period of 3 years, levy the maximum millage against their 1931 nonexempt assessed property value as allowed in s. 1011.71(2) or 1932 shall raise an equivalent amount of revenue from the school 1933 capital outlay surtax authorized under s. 212.055(6). Any 1934 district with a new or active project, funded under the 1935 provisions of this subsection, shall be required to budget no 1936 more than the value of 1.5 mills per year to the project to 1937 satisfy the annual participation requirement in the Special 1938 Facility Construction Account. 1939 9. If a contract has not been signed 90 days after the 1940 advertising of bids, the funding for the specific project shall 1941 revert to the Special Facility New Construction Account to be 1942 reallocated to other projects on the list. However, an 1943 additional 90 days may be granted by the commissioner. 1944 10. The department shall certify the inability of the 1945 district to fund the survey-recommended project over a 1946 continuous 3-year period using projected capital outlay revenue 1947 derived from s. 9(d), Art. XII of the State Constitution, as 1948 amended, paragraph (3)(a) of this section, and s. 1011.71(2). 1949 11. The district shall have on file with the department an 1950 adopted resolution acknowledging its 3-year commitment of all 1951 unencumbered and future revenue acquired from s. 9(d), Art. XII 1952 of the State Constitution, as amended, paragraph (3)(a) of this 1953 section, and s. 1011.71(2). 1954 12. Final phase III plans must be certified by the board as 1955 complete and in compliance with the building and life safety 1956 codes, and must be reviewed and approved by the Office of 1957 Educational Facilities, prior to August 1. 1958 Section 36. In order to implement Specific Appropriations 1959 6, 7, 8, 78, and 79 of the General Appropriations Act for the 1960 2010-2011 fiscal year, the calculations of the Florida Education 1961 Finance Program for the 2010-2011 fiscal year in the document 1962 entitled “Public School Funding - The Florida Education Finance 1963 Program,” dated March 31, 2010, and filed with the Secretary of 1964 the Senate are incorporated by reference for the purpose of 1965 displaying the calculations used by the Legislature, consistent 1966 with requirements of the Florida Statutes, in making 1967 appropriations for the Florida Education Finance Program. 1968 Section 37. Except as otherwise expressly provided in this 1969 act, this act shall take effect July 1, 2010.
