FL
Florida House Bill H5101

Florida 2022 Regular Session

Florida House Bill H5101 Compare Versions

OldNewDifferences
11
22
3-CS/HB 5101 2022
4-
5-
6-
7-CODING: Words stricken are deletions; words underlined are additions.
8-hb5101-01-c1
9-Page 1 of 90
3+HB 5101 2022
4+
5+
6+
7+CODING: Words stricken are deletions; words underlined are additions.
8+hb5101-00
9+Page 1 of 76
1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to education; amending s. 1002.31, 2
16-F.S.; deleting obsolete language; revising the 3
17-requirements for school district and charter school 4
18-capacity determinations; providing requirements for 5
19-the determination of capacity for certain virtual 6
20-schools; revising requirements for a certain district 7
21-school board process required for controlled open 8
22-enrollment; amending s. 1002.33, F.S.; providing for a 9
23-standard virtual charter contract and standard virtual 10
24-charter renewal contract; revising charter 11
25-requirements; requiring virtual charter schools to 12
26-comply with specified provisions; amending s. 1002.37, 13
27-F.S.; deleting the requirement for the board of 14
28-trustees of the Florida Virtual School to establish 15
29-criteria defining the elements of an approved 16
30-franchise; deleting requirements for how school 17
31-districts with an approved franchise report students 18
32-for funding; amending s. 1002.394, F.S.; revising 19
33-Department of Education duties under the Family 20
34-Empowerment Scholarship Program; revising requirements 21
35-for a specified calculation; revising the scholarship 22
36-amount for students enrolled in certain public schools 23
37-or lab schools; revising terminology; amending s. 24
38-1002.395, F.S.; revising duties of the department 25
39-
40-CS/HB 5101 2022
41-
42-
43-
44-CODING: Words stricken are deletions; words underlined are additions.
45-hb5101-01-c1
46-Page 2 of 90
47-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48-
49-
50-
51-under the Florida Tax Credit Scholarship Program; 26
52-authorizing administrative expenses to include certain 27
53-contracts and strategies relating to the 28
54-transportation of students; revising the scholarship 29
55-amount for students enrolled in certain public schools 30
56-or lab schools; amending s. 1002.40, F.S.; revising 31
57-Department of Education duties under the Hope 32
58-Scholarship Program; amending s. 1002.411, F.S.; 33
59-revising student eligibility requirements for reading 34
60-scholarship accounts; providing that a school district 35
61-may not prohibit instructional personnel from 36
62-providing services during specified time periods; 37
63-amending s. 1002.45, F.S.; revising and providing 38
64-definitions; authorizing students who reside in the 39
65-school district, rather than students enrolled in the 40
66-school district, to participate in school district 41
67-virtual instruction programs; deleting the purpose of 42
68-specified programs; requiring each virtual instruction 43
69-program, rather than full -time programs, to operate 44
70-under its own Master School Identification Number; 45
71-authorizing certain service organizations to execute 46
72-specified contractual arrangements; revising school 47
73-district responsibilities; requiring the State Board 48
74-of Education to approve certain virtual instruction 49
75-program providers; revising the requirements for 50
76-
77-CS/HB 5101 2022
78-
79-
80-
81-CODING: Words stricken are deletions; words underlined are additions.
82-hb5101-01-c1
83-Page 3 of 90
84-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85-
86-
87-
88-approval of a virtual instruction program provider; 51
89-providing additional requirements for school district 52
90-contracts with approved virtual instruction program 53
91-providers; revising the requirements for calculating 54
92-student funding for students enrolled in certain 55
93-virtual education programs; requiring approved v irtual 56
94-instruction program providers to receive a district 57
95-grade; providing requirements for such grade; revising 58
96-requirements for the automatic termination of an 59
97-approve virtual instruction provider's contract; 60
98-requiring the State Board of Education to ad opt rules 61
99-for a specified standard contract; amending s. 62
100-1002.455, F.S.; revising the virtual instruction 63
101-options available to certain students; requiring 64
102-school districts enrolling certain students in virtual 65
103-education programs to comply with specified en rollment 66
104-requirements; amending s. 1003.485, F.S.; requiring 67
105-the administrator of the New Worlds Reading Initiative 68
106-to provide specified professional development and 69
107-resources to teachers; requiring students be provided 70
108-with specified options upon enrollme nt; amending s. 71
109-1003.498, F.S.; providing requirements for funding for 72
110-certain virtual courses; amending s. 1003.52, F.S.; 73
111-revising requirements for the funding of certain 74
112-students in juvenile justice education programs; 75
113-
114-CS/HB 5101 2022
115-
116-
117-
118-CODING: Words stricken are deletions; words underlined are additions.
119-hb5101-01-c1
120-Page 4 of 90
121-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122-
123-
124-
125-amending s. 1006.12, F.S.; conformi ng cross-76
126-references; amending s. 1006.22, F.S.; revising the 77
127-requirements for the use of motor vehicles other than 78
128-school buses for the transportation of students; 79
129-amending s. 1006.27, F.S.; requiring the department to 80
130-develop a grant program for specified purposes 81
131-relating to the transportation of students; providing 82
132-requirements for the program; requiring the department 83
133-to publish on its website an interim and final report 84
134-by specified dates; providing requirements for such 85
135-reports; amending s. 1010.20, F .S.; revising the 86
136-percentage of certain funds school districts must 87
137-spend on juvenile justice programs; amending s. 88
138-1011.62, F.S.; revising the calculation for the basic 89
139-amount for current operation for kindergarten through 90
140-grade 12; authorizing certain fu nds to be used to 91
141-purchase certain computers and device hardware; 92
142-deleting the Florida digital classrooms allocation; 93
143-deleting the funding compression and hold harmless 94
144-allocation; amending s. 1011.68, F.S.; revising the 95
145-requirements for specified student transportation 96
146-funds to be used to pay for transportation in 97
147-specified vehicles; amending ss. 1011.71, 1012.22, and 98
148-1012.584, F.S.; conforming cross -references; providing 99
149-an effective date. 100
150-
151-CS/HB 5101 2022
152-
153-
154-
155-CODING: Words stricken are deletions; words underlined are additions.
156-hb5101-01-c1
157-Page 5 of 90
158-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159-
160-
161-
162- 101
163-Be It Enacted by the Legislature of the State of Florida: 102
164- 103
165- Section 1. Paragraphs (a) and (b) of subsection (2) and 104
166-paragraph (f) of subsection (3) of section 1002.31, Florida 105
167-Statutes, are amended, and paragraphs (j) and (k) are added to 106
168-subsection (3) of that section, to read: 107
169- 1002.31 Controlled open enrollme nt; Public school parental 108
170-choice.— 109
171- (2)(a) Beginning by the 2017 -2018 school year, As part of 110
172-a school district's or charter school's controlled open 111
173-enrollment process, and in addition to the existing public 112
174-school choice programs provided in s. 1002.20 (6)(a), each 113
175-district school board or charter school shall allow a parent 114
176-from any school district in the state whose child is not subject 115
177-to a current expulsion or suspension to enroll his or her child 116
178-in and transport his or her child to any public schoo l, 117
179-including charter schools, that has not reached capacity in the 118
180-district, subject to the maximum class size pursuant to s. 119
181-1003.03 and s. 1, Art. IX of the State Constitution. The school 120
182-district or charter school shall accept the student, pursuant to 121
183-that school district's or charter school's controlled open 122
184-enrollment process, and report the student for purposes of the 123
185-school district's or charter school's funding pursuant to the 124
186-Florida Education Finance Program. A school district or charter 125
187-
188-CS/HB 5101 2022
189-
190-
191-
192-CODING: Words stricken are deletions; words underlined are additions.
193-hb5101-01-c1
194-Page 6 of 90
195-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196-
197-
198-
199-school may provide transportation to students described under 126
200-this section. 127
201- (b) Each school district and charter school capacity 128
202-determinations for its schools , by grade level, must be updated 129
203-every 12 weeks current and must be identified on the school 130
204-district and charter school's websites. In determining the 131
205-capacity of each district school, the district school board 132
206-shall incorporate the specifications, plans, elements, and 133
207-commitments contained in the school district educational 134
208-facilities plan and the long -term work programs required under 135
209-s. 1013.35. Each charter school governing board shall determine 136
210-capacity based upon its charter school contract. Each virtual 137
211-charter school and each school district with a contract with an 138
212-approved virtual instruction progr am provider shall determine 139
213-capacity based upon the enrollment requirements established 140
214-under s. 1002.45(1)(e)4. 141
215- (3) Each district school board shall adopt by rule and 142
216-post on its website the process required to participate in 143
217-controlled open enrollment. The process must: 144
218- (f) Require school districts to provide information on 145
219-Address the availability of transportation options, such as: 146
220- 1. The responsibility of school districts to provide 147
221-transportation to another public school pursuant to ss. 1002.38, 148
222-1002.39, and 1002.394. 149
223- 2. The availability of funds for transportation under ss. 150
224-
225-CS/HB 5101 2022
226-
227-
228-
229-CODING: Words stricken are deletions; words underlined are additions.
230-hb5101-01-c1
231-Page 7 of 90
232-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233-
234-
235-
236-1002.394, 1002.395, and 1011.68. 151
237- 3. Any other transportation the school district may 152
238-provide. 153
239- 4. Any transportation options available in the community . 154
240- (j) Require school districts to maintain a wait list of 155
241-students who are denied access due to capacity and notify 156
242-parents when space becomes available. 157
243- (k) Require schools to accept students throughout the 158
244-school year as capacity becomes available. 159
245- Section 2. Subsections (1) and (7), paragraph (a) of 160
246-subsection (10), paragraphs (b) and (f) of subsection (17), and 161
247-paragraph (a) of subsection (21) of section 1002.33, Florida 162
248-Statutes, are amended to read: 163
249- 1002.33 Charter schools. — 164
250- (1) AUTHORIZATION.—All charter schools in Florida are 165
251-public schools and shall be part of the state's program of 166
252-public education. A charter school may be formed by creating a 167
253-new school or converting an existing public school to charter 168
254-status. A charter school may operate a virtual charter school 169
255-pursuant to s. 1002.45(1)(d) to provide online instruction to 170
256-students, pursuant to s. 1002.455, in kindergarten through grade 171
257-12. The school district in which the student enrolls in the 172
258-virtual charter school shall report the student for f unding 173
259-pursuant to s. 1011.61(1)(c)1.b.(VI), and the home school 174
260-district shall not report the student for funding. An existing 175
261-
262-CS/HB 5101 2022
263-
264-
265-
266-CODING: Words stricken are deletions; words underlined are additions.
267-hb5101-01-c1
268-Page 8 of 90
269-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270-
271-
272-
273-charter school that is seeking to become a virtual charter 176
274-school must amend its charter or submit a new application 177
275-pursuant to subsection (6) to become a virtual charter school. A 178
276-virtual charter school is subject to the requirements of this 179
277-section; however, a virtual charter school is exempt from 180
278-subparagraph (7)(a)13., subsections (18) and (19), paragraph 181
279-(20)(c), and s. 1003. 03. A public school may not use the term 182
280-charter in its name unless it has been approved under this 183
281-section. 184
282- (7) CHARTER.—The terms and conditions for the operation of 185
283-a charter school, including a virtual charter school, shall be 186
284-set forth by the sponso r and the applicant in a written 187
285-contractual agreement, called a charter. The sponsor and the 188
286-governing board of the charter school or virtual charter school 189
287-shall use the standard charter contract or standard virtual 190
288-charter contract, respectively, pursuant to subsection (21), 191
289-which shall incorporate the approved application and any addenda 192
290-approved with the application. Any term or condition of a 193
291-proposed charter contract or proposed virtual charter contract 194
292-that differs from the standard charter or virtual charter 195
293-contract adopted by rule of the State Board of Education shall 196
294-be presumed a limitation on charter school flexibility. The 197
295-sponsor may not impose unreasonable rules or regulations that 198
296-violate the intent of giving charter schools greater flexibi lity 199
297-to meet educational goals. The charter shall be signed by the 200
298-
299-CS/HB 5101 2022
300-
301-
302-
303-CODING: Words stricken are deletions; words underlined are additions.
304-hb5101-01-c1
305-Page 9 of 90
306-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307-
308-
309-
310-governing board of the charter school and the sponsor, following 201
311-a public hearing to ensure community input. 202
312- (a) The charter shall address and criteria for approval of 203
313-the charter shall be based on: 204
314- 1. The school's mission, the types of students to be 205
315-served, and, for a virtual charter school, the types of students 206
316-the school intends to serve who reside outside of the sponsoring 207
317-school district, and the ages and grades to be included. 208
318- 2. The focus of the curriculum, the instructional methods 209
319-to be used, any distinctive instructional techniques to be 210
320-employed, and identification and acquisition of appropriate 211
321-technologies needed to improve educational and administrative 212
322-performance which include a means for promoting safe, ethical, 213
323-and appropriate uses of technology which comply with legal and 214
324-professional standards. 215
325- a. The charter shall ensure that reading is a primary 216
326-focus of the curriculum and that resources are provided to 217
327-identify and provide specialized instruction for students who 218
328-are reading below grade level. The curriculum and instructional 219
329-strategies for reading must be consistent with the Next 220
330-Generation Sunshine State Standards and grounded in 221
331-scientifically based reading r esearch. 222
332- b. In order to provide students with access to diverse 223
333-instructional delivery models, to facilitate the integration of 224
334-technology within traditional classroom instruction, and to 225
335-
336-CS/HB 5101 2022
337-
338-
339-
340-CODING: Words stricken are deletions; words underlined are additions.
341-hb5101-01-c1
342-Page 10 of 90
343-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344-
345-
346-
347-provide students with the skills they need to compete in the 226
348-21st century economy, the Legislature encourages instructional 227
349-methods for blended learning courses consisting of both 228
350-traditional classroom and online instructional techniques. 229
351-Charter schools may implement blended learning courses which 230
352-combine traditional cl assroom instruction and virtual 231
353-instruction. Students in a blended learning course must be full -232
354-time students of the charter school pursuant to s. 233
355-1011.61(1)(a)1. Instructional personnel certified pursuant to s. 234
356-1012.55 who provide virtual instruction for blended learning 235
357-courses may be employees of the charter school or may be under 236
358-contract to provide instructional services to charter school 237
359-students. At a minimum, such instructional personnel must hold 238
360-an active state or school district adjunct certifica tion under 239
361-s. 1012.57 for the subject area of the blended learning course. 240
362-The funding and performance accountability requirements for 241
363-blended learning courses are the same as those for traditional 242
364-courses. 243
365- 3. The current incoming baseline standard of st udent 244
366-academic achievement, the outcomes to be achieved, and the 245
367-method of measurement that will be used. The criteria listed in 246
368-this subparagraph shall include a detailed description of: 247
369- a. How the baseline student academic achievement levels 248
370-and prior rates of academic progress will be established. 249
371- b. How these baseline rates will be compared to rates of 250
372-
373-CS/HB 5101 2022
374-
375-
376-
377-CODING: Words stricken are deletions; words underlined are additions.
378-hb5101-01-c1
379-Page 11 of 90
380-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381-
382-
383-
384-academic progress achieved by these same students while 251
385-attending the charter school. 252
386- c. To the extent possible, how these rates of progress 253
387-will be evaluated and compared with rates of progress of other 254
388-closely comparable student populations. 255
389- 256
390-A district school board is required to provide academic student 257
391-performance data to charter schools for each of their students 258
392-coming from the district school system, as well as rates of 259
393-academic progress of comparable student populations in the 260
394-district school system. 261
395- 4. The methods used to identify the educational strengths 262
396-and needs of students and how well educational goals and 263
397-performance standards are m et by students attending the charter 264
398-school. The methods shall provide a means for the charter school 265
399-to ensure accountability to its constituents by analyzing 266
400-student performance data and by evaluating the effectiveness and 267
401-efficiency of its major educati onal programs. Students in 268
402-charter schools shall, at a minimum, participate in the 269
403-statewide assessment program created under s. 1008.22. 270
404- 5. In secondary charter schools, a method for determining 271
405-that a student has satisfied the requirements for graduati on in 272
406-s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 273
407- 6. A method for resolving conflicts between the governing 274
408-board of the charter school and the sponsor. 275
409-
410-CS/HB 5101 2022
411-
412-
413-
414-CODING: Words stricken are deletions; words underlined are additions.
415-hb5101-01-c1
416-Page 12 of 90
417-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418-
419-
420-
421- 7. The admissions procedures and dismissal procedures, 276
422-including the school's code of student c onduct. Admission or 277
423-dismissal must not be based on a student's academic performance. 278
424- 8. The ways by which the school will achieve a 279
425-racial/ethnic balance reflective of the community it serves or 280
426-within the racial/ethnic range of other nearby public scho ols or 281
427-school districts. 282
428- 9. The financial and administrative management of the 283
429-school, including a reasonable demonstration of the professional 284
430-experience or competence of those individuals or organizations 285
431-applying to operate the charter school or those hired or 286
432-retained to perform such professional services and the 287
433-description of clearly delineated responsibilities and the 288
434-policies and practices needed to effectively manage the charter 289
435-school. A description of internal audit procedures and 290
436-establishment of controls to ensure that financial resources are 291
437-properly managed must be included. Both public sector and 292
438-private sector professional experience shall be equally valid in 293
439-such a consideration. 294
440- 10. The asset and liability projections required in the 295
441-application which are incorporated into the charter and shall be 296
442-compared with information provided in the annual report of the 297
443-charter school. 298
444- 11. A description of procedures that identify various 299
445-risks and provide for a comprehensive approach to reduce the 300
446-
447-CS/HB 5101 2022
448-
449-
450-
451-CODING: Words stricken are deletions; words underlined are additions.
452-hb5101-01-c1
453-Page 13 of 90
454-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455-
456-
457-
458-impact of losses; plans to ensure the safety and security of 301
459-students and staff; plans to identify, minimize, and protect 302
460-others from violent or disruptive student behavior; and the 303
461-manner in which the school will be insured, including whether or 304
462-not the school will be required to have liability insurance, 305
463-and, if so, the terms and conditions thereof and the amounts of 306
464-coverage. 307
465- 12. The term of the charter which shall provide for 308
466-cancellation of the charter if insufficient progress has been 309
467-made in attaining the student achievement objectives of the 310
468-charter and if it is not likely that such objectives can be 311
469-achieved before expiration of the charter. The initial term of a 312
470-charter shall be for 5 years, excluding 2 planning years. In 313
471-order to facilitate access to long-term financial resources for 314
472-charter school construction, charter schools that are operated 315
473-by a municipality or other public entity as provided by law are 316
474-eligible for up to a 15 -year charter, subject to approval by the 317
475-sponsor. A charter l ab school is eligible for a charter for a 318
476-term of up to 15 years. In addition, to facilitate access to 319
477-long-term financial resources for charter school construction, 320
478-charter schools that are operated by a private, not -for-profit, 321
479-s. 501(c)(3) status corpor ation are eligible for up to a 15 -year 322
480-charter, subject to approval by the sponsor. Such long -term 323
481-charters remain subject to annual review and may be terminated 324
482-during the term of the charter, but only according to the 325
483-
484-CS/HB 5101 2022
485-
486-
487-
488-CODING: Words stricken are deletions; words underlined are additions.
489-hb5101-01-c1
490-Page 14 of 90
491-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492-
493-
494-
495-provisions set forth in subsection ( 8). 326
496- 13. The facilities to be used and their location. The 327
497-sponsor may not require a charter school to have a certificate 328
498-of occupancy or a temporary certificate of occupancy for such a 329
499-facility earlier than 15 calendar days before the first day of 330
500-school. 331
501- 14. The qualifications to be required of the teachers and 332
502-the potential strategies used to recruit, hire, train, and 333
503-retain qualified staff to achieve best value. 334
504- 15. The governance structure of the school, including the 335
505-status of the charter school as a public or private employer as 336
506-required in paragraph (12)(i). 337
507- 16. A timetable for implementing the charter which 338
508-addresses the implementation of each element thereof and the 339
509-date by which the charter shall be awarded in order to meet this 340
510-timetable. 341
511- 17. In the case of an existing public school that is being 342
512-converted to charter status, alternative arrangements for 343
513-current students who choose not to attend the charter school and 344
514-for current teachers who choose not to teach in the charter 345
515-school after conversion in accordance with the existing 346
516-collective bargaining agreement or district school board rule in 347
517-the absence of a collective bargaining agreement. However, 348
518-alternative arrangements shall not be required for current 349
519-teachers who choose not to te ach in a charter lab school, except 350
520-
521-CS/HB 5101 2022
522-
523-
524-
525-CODING: Words stricken are deletions; words underlined are additions.
526-hb5101-01-c1
527-Page 15 of 90
528-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529-
530-
531-
532-as authorized by the employment policies of the state university 351
533-which grants the charter to the lab school. 352
534- 18. Full disclosure of the identity of all relatives 353
535-employed by the charter school who are related to the charter 354
536-school owner, president, chairperson of the governing board of 355
537-directors, superintendent, governing board member, principal, 356
538-assistant principal, or any other person employed by the charter 357
539-school who has equivalent decisionmaking authority. For th e 358
540-purpose of this subparagraph, the term "relative" means father, 359
541-mother, son, daughter, brother, sister, uncle, aunt, first 360
542-cousin, nephew, niece, husband, wife, father -in-law, mother-in-361
543-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 362
544-stepfather, stepmother, stepson, stepdaughter, stepbrother, 363
545-stepsister, half brother, or half sister. 364
546- 19. Implementation of the activities authorized under s. 365
547-1002.331 by the charter school when it satisfies the eligibility 366
548-requirements for a high -performing charter school. A high -367
549-performing charter school shall notify its sponsor in writing by 368
550-March 1 if it intends to increase enrollment or expand grade 369
551-levels the following school year. The written notice shall 370
552-specify the amount of the enrollment increase and the grade 371
553-levels that will be added, as applicable. 372
554- (b) The sponsor has 30 days after approval of the 373
555-application to provide an initial proposed charter contract to 374
556-the charter school. The applicant and the sponsor have 40 days 375
557-
558-CS/HB 5101 2022
559-
560-
561-
562-CODING: Words stricken are deletions; words underlined are additions.
563-hb5101-01-c1
564-Page 16 of 90
565-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566-
567-
568-
569-thereafter to negotiat e and notice the charter contract for 376
570-final approval by the sponsor unless both parties agree to an 377
571-extension. The proposed charter contract shall be provided to 378
572-the charter school at least 7 calendar days before the date of 379
573-the meeting at which the charte r is scheduled to be voted upon 380
574-by the sponsor. The Department of Education shall provide 381
575-mediation services for any dispute regarding this section 382
576-subsequent to the approval of a charter application and for any 383
577-dispute relating to the approved charter, ex cept a dispute 384
578-regarding a charter school application denial. If either the 385
579-charter school or the sponsor indicates in writing that the 386
580-party does not desire to settle any dispute arising under this 387
581-section through mediation procedures offered by the Depar tment 388
582-of Education, a charter school may immediately appeal any formal 389
583-or informal decision by the sponsor to an administrative law 390
584-judge appointed by the Division of Administrative Hearings. If 391
585-the Commissioner of Education determines that the dispute can not 392
586-be settled through mediation, the dispute may also be appealed 393
587-to an administrative law judge appointed by the Division of 394
588-Administrative Hearings. The administrative law judge has final 395
589-order authority to rule on issues of equitable treatment of the 396
590-charter school as a public school, whether proposed provisions 397
591-of the charter violate the intended flexibility granted charter 398
592-schools by statute, or any other matter regarding this section, 399
593-except a dispute regarding charter school application denial, a 400
594-
595-CS/HB 5101 2022
596-
597-
598-
599-CODING: Words stricken are deletions; words underlined are additions.
600-hb5101-01-c1
601-Page 17 of 90
602-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603-
604-
605-
606-charter termination, or a charter nonrenewal. The administrative 401
607-law judge shall award the prevailing party reasonable attorney 402
608-fees and costs incurred during the mediation process, 403
609-administrative proceeding, and any appeals, to be paid by the 404
610-party against whom the administrative law judge rules. 405
611- (c)1. A charter may be renewed provided that a program 406
612-review demonstrates that the criteria in paragraph (a) have been 407
613-successfully accomplished and that none of the grounds for 408
614-nonrenewal established by paragrap h (8)(a) has been documented. 409
615-In order to facilitate long -term financing for charter school 410
616-construction, charter schools operating for a minimum of 3 years 411
617-and demonstrating exemplary academic programming and fiscal 412
618-management are eligible for a 15 -year charter renewal. Such 413
619-long-term charter is subject to annual review and may be 414
620-terminated during the term of the charter. 415
621- 2. The 15-year charter renewal that may be granted 416
622-pursuant to subparagraph 1. shall be granted to a charter school 417
623-that has received a school grade of "A" or "B" pursuant to s. 418
624-1008.34 in 3 of the past 4 years and is not in a state of 419
625-financial emergency or deficit position as defined by this 420
626-section. Such long-term charter is subject to annual review and 421
627-may be terminated during the t erm of the charter pursuant to 422
628-subsection (8). 423
629- (d) A charter may be modified during its initial term or 424
630-any renewal term upon the recommendation of the sponsor or the 425
631-
632-CS/HB 5101 2022
633-
634-
635-
636-CODING: Words stricken are deletions; words underlined are additions.
637-hb5101-01-c1
638-Page 18 of 90
639-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640-
641-
642-
643-charter school's governing board and the approval of both 426
644-parties to the agreement. Cha nges to curriculum which are 427
645-consistent with state standards shall be deemed approved unless 428
646-the sponsor and the Department of Education determine in writing 429
647-that the curriculum is inconsistent with state standards. 430
648-Modification during any term may include , but is not limited to, 431
649-consolidation of multiple charters into a single charter if the 432
650-charters are operated under the same governing board, regardless 433
651-of the renewal cycle. A charter school that is not subject to a 434
652-school improvement plan and that close s as part of a 435
653-consolidation shall be reported by the sponsor as a 436
654-consolidation. 437
655- (e) A charter may be terminated by a charter school's 438
656-governing board through voluntary closure. The decision to cease 439
657-operations must be determined at a public meeting. Th e governing 440
658-board shall notify the parents and sponsor of the public meeting 441
659-in writing before the public meeting. The governing board must 442
660-notify the sponsor, parents of enrolled students, and the 443
661-department in writing within 24 hours after the public mee ting 444
662-of its determination. The notice shall state the charter 445
663-school's intent to continue operations or the reason for the 446
664-closure and acknowledge that the governing board agrees to 447
665-follow the procedures for dissolution and reversion of public 448
666-funds pursuant to paragraphs (8)(d) -(f) and (9)(o). 449
667- (f) A charter may include a provision requiring the 450
668-
669-CS/HB 5101 2022
670-
671-
672-
673-CODING: Words stricken are deletions; words underlined are additions.
674-hb5101-01-c1
675-Page 19 of 90
676-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677-
678-
679-
680-charter school to be held responsible for all costs associated 451
681-with, but not limited to, mediation, damages, and attorney fees 452
682-incurred by the district in connect ion with complaints to the 453
683-Office of Civil Rights or the Equal Employment Opportunity 454
684-Commission. 455
685- (10) ELIGIBLE STUDENTS. — 456
686- (a)1. A charter school may be exempt from the requirements 457
687-of s. 1002.31 if the school is open to any student covered in an 458
688-interdistrict agreement and any student residing in the school 459
689-district in which the charter school is located. 460
690- 2. A virtual charter school when enrolling students shall 461
691-comply with the applicable requirements of s. 1002.31 and with 462
692-the enrollment requiremen ts established under s. 1002.45(1)(e)4. 463
693- 3. A However, in the case of a charter lab school, the 464
694-charter lab school shall be open to any student eligible to 465
695-attend the lab school as provided in s. 1002.32 or who resides 466
696-in the school district in which the charter lab school is 467
697-located. 468
698- 4. Any eligible student shall be allowed interdistrict 469
699-transfer to attend a charter school when based on good cause. 470
700-Good cause shall include, but is not limited to, geographic 471
701-proximity to a charter school in a neighborin g school district. 472
702- (17) FUNDING.—Students enrolled in a charter school, 473
703-regardless of the sponsorship, shall be funded as if they are in 474
704-a basic program or a special program, the same as students 475
705-
706-CS/HB 5101 2022
707-
708-
709-
710-CODING: Words stricken are deletions; words underlined are additions.
711-hb5101-01-c1
712-Page 20 of 90
713-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714-
715-
716-
717-enrolled in other public schools in a school district. Fun ding 476
718-for a charter lab school shall be as provided in s. 1002.32. 477
719- (b)1. The basis for the agreement for funding students 478
720-enrolled in a charter school shall be the sum of the school 479
721-district's operating funds from the Florida Education Finance 480
722-Program as provided in s. 1011.62 and the General Appropriations 481
723-Act, including gross state and local funds, discretionary 482
724-lottery funds, and funds from the school district's current 483
725-operating discretionary millage levy; divided by total funded 484
726-weighted full-time equivalent students in the school district; 485
727-and multiplied by the weighted full -time equivalent students for 486
728-the charter school. Charter schools whose students or programs 487
729-meet the eligibility criteria in law are entitled to their 488
730-proportionate share of categ orical program funds included in the 489
731-total funds available in the Florida Education Finance Program 490
732-by the Legislature, including transportation, and the evidence-491
733-based reading allocation , and the Florida digital classrooms 492
734-allocation. Total funding for ea ch charter school shall be 493
735-recalculated during the year to reflect the revised calculations 494
736-under the Florida Education Finance Program by the state and the 495
737-actual weighted full -time equivalent students reported by the 496
738-charter school during the full -time equivalent student survey 497
739-periods designated by the Commissioner of Education. For charter 498
740-schools operated by a not -for-profit or municipal entity, any 499
741-unrestricted current and capital assets identified in the 500
742-
743-CS/HB 5101 2022
744-
745-
746-
747-CODING: Words stricken are deletions; words underlined are additions.
748-hb5101-01-c1
749-Page 21 of 90
750-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751-
752-
753-
754-charter school's annual financial audit may be used for other 501
755-charter schools operated by the not -for-profit or municipal 502
756-entity within the school district. Unrestricted current assets 503
757-shall be used in accordance with s. 1011.62, and any 504
758-unrestricted capital assets shall be used in accordance with s. 505
759-1013.62(2). 506
760- 2.a. Students enrolled in a charter school sponsored by a 507
761-state university or Florida College System institution pursuant 508
762-to paragraph (5)(a) shall be funded as if they are in a basic 509
763-program or a special program in the school district. The b asis 510
764-for funding these students is the sum of the total operating 511
765-funds from the Florida Education Finance Program for the school 512
766-district in which the school is located as provided in s. 513
767-1011.62 and the General Appropriations Act, including gross 514
768-state and local funds, discretionary lottery funds, and funds 515
769-from each school district's current operating discretionary 516
770-millage levy, divided by total funded weighted full -time 517
771-equivalent students in the district, and multiplied by the full -518
772-time equivalent membe rship of the charter school. The Department 519
773-of Education shall develop a tool that each state university or 520
774-Florida College System institution sponsoring a charter school 521
775-shall use for purposes of calculating the funding amount for 522
776-each eligible charter sc hool student. The total amount obtained 523
777-from the calculation must be appropriated from state funds in 524
778-the General Appropriations Act to the charter school. 525
779-
780-CS/HB 5101 2022
781-
782-
783-
784-CODING: Words stricken are deletions; words underlined are additions.
785-hb5101-01-c1
786-Page 22 of 90
787-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788-
789-
790-
791- b. Capital outlay funding for a charter school sponsored 526
792-by a state university or Florida College System institution 527
793-pursuant to paragraph (5)(a) is determined pursuant to s. 528
794-1013.62 and the General Appropriations Act. 529
795- (f) Funding for a virtual charter school shall be as 530
796-provided in s. 1002.45(6) s. 1002.45(7). 531
797- (21) PUBLIC INFORMATION ON CHARTER SC HOOLS.— 532
798- (a) The Department of Education shall provide information 533
799-to the public, directly and through sponsors, on how to form and 534
800-operate a charter school and how to enroll in a charter school 535
801-once it is created. This information shall include the stand ard 536
802-application form, standard charter and virtual charter contracts 537
803-contract, standard evaluation instrument, and standard charter 538
804-and virtual charter renewal contracts contract, which shall 539
805-include the information specified in subsection (7) and shall be 540
806-developed by consulting and negotiating with both sponsors and 541
807-charter schools before implementation. The charter and virtual 542
808-charter contracts and charter renewal and virtual charter 543
809-contracts shall be used by charter school sponsors. 544
810- Section 3. Paragraph (i) of subsection (2) and subsection 545
811-(4) of section 1002.37, Florida Statutes, are amended to read: 546
812- 1002.37 The Florida Virtual School. — 547
813- (2) The Florida Virtual School shall be governed by a 548
814-board of trustees comprised of seven members appoin ted by the 549
815-Governor to 4-year staggered terms. The board of trustees shall 550
816-
817-CS/HB 5101 2022
818-
819-
820-
821-CODING: Words stricken are deletions; words underlined are additions.
822-hb5101-01-c1
823-Page 23 of 90
824-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825-
826-
827-
828-be a public agency entitled to sovereign immunity pursuant to s. 551
829-768.28, and board members shall be public officers who shall 552
830-bear fiduciary responsibility for the Florida Virtual S chool. 553
831-The board of trustees shall have the following powers and 554
832-duties: 555
833- (i) The board of trustees shall establish criteria 556
834-defining the elements of an approved franchise. The board of 557
835-trustees may enter into franchise agreements with Florida 558
836-district school boards and may establish the terms and 559
837-conditions governing such agreements. The board of trustees 560
838-shall establish the performance and accountability measures and 561
839-report the performance of each school district franchise to the 562
840-Commissioner of Educatio n. 563
841- 564
842-The Governor shall designate the initial chair of the board of 565
843-trustees to serve a term of 4 years. Members of the board of 566
844-trustees shall serve without compensation, but may be reimbursed 567
845-for per diem and travel expenses pursuant to s. 112.061. The 568
846-board of trustees shall be a body corporate with all the powers 569
847-of a body corporate and such authority as is needed for the 570
848-proper operation and improvement of the Florida Virtual School. 571
849-The board of trustees is specifically authorized to adopt rules, 572
850-policies, and procedures, consistent with law and rules of the 573
851-State Board of Education related to governance, personnel, 574
852-budget and finance, administration, programs, curriculum and 575
853-
854-CS/HB 5101 2022
855-
856-
857-
858-CODING: Words stricken are deletions; words underlined are additions.
859-hb5101-01-c1
860-Page 24 of 90
861-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862-
863-
864-
865-instruction, travel and purchasing, technology, students, 576
866-contracts and grants , and property as necessary for optimal, 577
867-efficient operation of the Florida Virtual School. Tangible 578
868-personal property owned by the board of trustees shall be 579
869-subject to the provisions of chapter 273. 580
870- (4) School districts operating a virtual school that is an 581
871-approved franchise of the Florida Virtual School may count full -582
872-time equivalent students, as provided in paragraph (3)(a), if 583
873-such school has been certified as an approved franchise by the 584
874-Commissioner of Education based on criteria established by th e 585
875-board of trustees pursuant to paragraph (2)(i). 586
876- Section 4. Paragraph (a) of subsection (8) and subsection 587
877-(12) of section 1002.394, Florida Statutes, are amended to read: 588
878- 1002.394 The Family Empowerment Scholarship Program. — 589
879- (8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 590
880- (a) The department shall: 591
881- 1. Publish and update, as necessary, information on the 592
882-department website about the Family Empowerment Scholarship 593
883-Program, including, but not limited to, student eligibility 594
884-criteria, parental respons ibilities, and relevant data. 595
885- 2. Cross-check before each distribution of funds the list 596
886-of participating scholarship students with the public school 597
887-enrollment lists before each scholarship payment to avoid 598
888-duplication. 599
889- 3. Maintain and publish a list o f nationally norm-600
890-
891-CS/HB 5101 2022
892-
893-
894-
895-CODING: Words stricken are deletions; words underlined are additions.
896-hb5101-01-c1
897-Page 25 of 90
898-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899-
900-
901-
902-referenced tests identified for purposes of satisfying the 601
903-testing requirement in subparagraph (9)(c)1. The tests must meet 602
904-industry standards of quality in accordance with state board 603
905-rule. 604
906- 4. Notify eligible nonprofit scholarship -funding 605
907-organizations of the deadlines for submitting the verified list 606
908-of students determined to be eligible for a scholarship. 607
909- 5. Notify each school district of a parent's participation 608
910-in the scholarship program for purposes of paragraph (7)(f). 609
911- 6. Deny or terminate program participation upon a parent's 610
912-failure to comply with subsection (10). 611
913- 7. Notify the parent and the organization when a 612
914-scholarship account is closed and program funds revert to the 613
915-state. 614
916- 8. Notify an eligible nonprofit scholarshi p-funding 615
917-organization of any of the organization's or other 616
918-organization's identified students who are receiving 617
919-scholarships under this chapter. 618
920- 9. Maintain on its website a list of approved providers as 619
921-required by s. 1002.66, eligible postsecondary e ducational 620
922-institutions, eligible private schools, and eligible 621
923-organizations and may identify or provide links to lists of 622
924-other approved providers. 623
925- 10. Require each organization to verify eligible 624
926-expenditures before the distribution of funds for any 625
927-
928-CS/HB 5101 2022
929-
930-
931-
932-CODING: Words stricken are deletions; words underlined are additions.
933-hb5101-01-c1
934-Page 26 of 90
935-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936-
937-
938-
939-expenditures made pursuant to subparagraphs (4)(b)1. and 2. 626
940-Review of expenditures made for services specified in 627
941-subparagraphs (4)(b)3. -15. may be completed after the purchase 628
942-is made. 629
943- 11. Investigate any written complaint of a violation of 630
944-this section by a parent, a student, a private school, a public 631
945-school, a school district, an organization, a provider, or 632
946-another appropriate party in accordance with the process 633
947-established under s. 1002.421. 634
948- 12. Require quarterly reports by an organization, which 635
949-must include, at a minimum, the number of students participating 636
950-in the program; the demographics of program participants; the 637
951-disability category of program participants; the matrix level of 638
952-services, if known; the program award amount per student; the 639
953-total expenditures for the purposes specified in paragraph 640
954-(4)(b); the types of providers of services to students; and any 641
955-other information deemed necessary by the department. 642
956- 13. Notify eligible nonprofit scholarship funding 643
957-organizations that scholarshi ps may not be awarded in a school 644
958-district in which the award will exceed 99 percent of the school 645
959-district's share of state funding through the Florida Education 646
960-Finance Program as calculated by the department. 647
961- 14. Adjust payments to eligible nonprofit scholarship-648
962-funding organizations and, when the Florida Education Finance 649
963-Program is recalculated, adjust the amount of state funds 650
964-
965-CS/HB 5101 2022
966-
967-
968-
969-CODING: Words stricken are deletions; words underlined are additions.
970-hb5101-01-c1
971-Page 27 of 90
972-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973-
974-
975-
976-allocated to school districts through the Florida Education 651
977-Finance Program based upon the results of the cross -check 652
978-completed pursuant to subparagraph 2. 653
979- (12) SCHOLARSHIP FUNDING AND PAYMENT. — 654
980- (a)1. Scholarships for students determined eligible 655
981-pursuant to paragraph (3)(a) are established for up to 18,000 656
982-students annually beginning in the 2019 -2020 school year. 657
983-Beginning in the 2020-2021 school year, the maximum number of 658
984-students participating in the scholarship program under this 659
985-section shall annually increase by 1.0 percent of the state's 660
986-total full-time equivalent student membership public school 661
987-student enrollment. An eligible student who meets any of the 662
988-following requirements shall be excluded from the maximum number 663
989-of students if the student: 664
990- a. Received a scholarship pursuant to s. 1002.395 during 665
991-the previous school year but did not receive a renewal 666
992-scholarship based solely on the eligible nonprofit scholarship -667
993-funding organization's lack of available funds after the 668
994-organization fully exhausted its efforts to use funds available 669
995-for awards under ss. 1002.395 and 1002.40(11)(i). Eligible 670
996-nonprofit scholarship -funding organizations with students who 671
997-meet the criterion in this subparagraph must annually notify the 672
998-department in a format and by a date established by the 673
999-department. The maximum number of scholarships awarded pursuant 674
1000-to this subparagraph shall not exceed 15,000 per school year; 675
1001-
1002-CS/HB 5101 2022
1003-
1004-
1005-
1006-CODING: Words stricken are deletions; words underlined are additions.
1007-hb5101-01-c1
1008-Page 28 of 90
1009-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010-
1011-
1012-
1013- a.b. Is a dependent child of a member of the United States 676
1014-Armed Forces, a foster child, or an adopted child; or 677
1015- b.c. Is determined eligible pursuant to subparagraph 678
1016-(3)(a)1. or subparagraph (3)(a)2. and either spent the prior 679
1017-school year in attendance at a Florida public school or, 680
1018-beginning in the 2022 -2023 school year, is eligible to enroll in 681
1019-kindergarten. For purposes of this subparagraph, the term "prior 682
1020-school year in attendance" means that the student was enrolled 683
1021-and reported by a school district for funding during either the 684
1022-preceding October or February full-time equivalent student 685
1023-membership Florida Education Finance Program surveys in 686
1024-kindergarten through grade 12, which includes time spent in a 687
1025-Department of Juvenile Justice commitment program if funded 688
1026-under the Florida Education Finance Program. 689
1027- 2. The scholarship amount provided to a student for any 690
1028-single school year shall be for tuition and fees for an eligible 691
1029-private school, not to exceed annual limit s, which shall be 692
1030-determined in accordance with this subparagraph. The calculated 693
1031-scholarship amount for a participating student shall be based 694
1032-upon the grade level and school district in which the student 695
1033-was assigned as 100 percent of the funds per unwei ghted full-696
1034-time equivalent in the Florida Education Finance Program for a 697
1035-student in the basic program established pursuant to s. 698
1036-1011.62(1)(c)1., plus a per -full-time equivalent share of funds 699
1037-for all categorical programs, except for the exceptional stude nt 700
1038-
1039-CS/HB 5101 2022
1040-
1041-
1042-
1043-CODING: Words stricken are deletions; words underlined are additions.
1044-hb5101-01-c1
1045-Page 29 of 90
1046-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047-
1048-
1049-
1050-education guaranteed allocation established pursuant to s. 701
1051-1011.62(1)(e). 702
1052- 3. The amount of the scholarship shall be the calculated 703
1053-amount or the amount of the private school's tuition and fees, 704
1054-whichever is less. The amount of any assessment fee requi red by 705
1055-the participating private school and any costs to provide a 706
1056-digital device, including Internet access, if necessary, to the 707
1057-student may be paid from the total amount of the scholarship. 708
1058- 4. A scholarship of $750 or an amount equal to the school 709
1059-district expenditure per student riding a school bus, whichever 710
1060-is greater, may be awarded to a student who is determined 711
1061-eligible pursuant to subparagraph (3)(a)1. or subparagraph 712
1062-(3)(a)2. and enrolled in a Florida public school that is 713
1063-different from the sc hool to which the student was assigned or 714
1064-in a lab school as defined in s. 1002.32 if the school district 715
1065-does not provide the student with transportation to the school. 716
1066- 5. Upon notification from the organization on July 1, 717
1067-September 1, December 1, and F ebruary 1 that an application has 718
1068-been approved for the program, the department shall verify that 719
1069-the student is not prohibited from receiving a scholarship 720
1070-pursuant to subsection (6). The organization must provide the 721
1071-department with the documentation nec essary to verify the 722
1072-student's participation. Upon receiving the documentation 723
1073-verification, the department shall transfer, from state funds 724
1074-only, the amount calculated pursuant to subparagraph 2. to the 725
1075-
1076-CS/HB 5101 2022
1077-
1078-
1079-
1080-CODING: Words stricken are deletions; words underlined are additions.
1081-hb5101-01-c1
1082-Page 30 of 90
1083-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084-
1085-
1086-
1087-organization for quarterly disbursement to parents o f 726
1088-participating students each school year in which the scholarship 727
1089-is in force. For a student exiting a Department of Juvenile 728
1090-Justice commitment program who chooses to participate in the 729
1091-scholarship program, the amount of the Family Empowerment 730
1092-Scholarship calculated pursuant to subparagraph 2. must be 731
1093-transferred from the school district in which the student last 732
1094-attended a public school before commitment to the Department of 733
1095-Juvenile Justice. When a student enters the scholarship program, 734
1096-the organization must receive all documentation required for the 735
1097-student's participation, including the private school's and the 736
1098-student's fee schedules, at least 30 days before the first 737
1099-quarterly scholarship payment is made for the student. 738
1100- 6. The initial payment sha ll be made after the 739
1101-organization's verification of admission acceptance, and 740
1102-subsequent payments shall be made upon verification of continued 741
1103-enrollment and attendance at the private school. Payment must be 742
1104-by individual warrant made payable to the stude nt's parent or by 743
1105-funds transfer or any other means of payment that the department 744
1106-deems to be commercially viable or cost -effective. If the 745
1107-payment is made by warrant, the warrant must be delivered by the 746
1108-organization to the private school of the parent's choice, and 747
1109-the parent shall restrictively endorse the warrant to the 748
1110-private school. An organization shall ensure that the parent to 749
1111-whom the warrant is made has restrictively endorsed the warrant 750
1112-
1113-CS/HB 5101 2022
1114-
1115-
1116-
1117-CODING: Words stricken are deletions; words underlined are additions.
1118-hb5101-01-c1
1119-Page 31 of 90
1120-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121-
1122-
1123-
1124-to the private school for deposit into the account of the 751
1125-private school or that the parent has approved a funds transfer 752
1126-before any scholarship funds are deposited. 753
1127- (b)1. Scholarships for students determined eligible 754
1128-pursuant to paragraph (3)(b) are established for up to 20,000 755
1129-students annually beginning in the 2021-2022 school year. 756
1130-Beginning in the 2022 -2023 school year, the maximum number of 757
1131-students participating in the scholarship program under this 758
1132-section shall annually increase by 1.0 percent of the state's 759
1133-total exceptional student education full -time equivalent student 760
1134-membership enrollment, not including gifted students. An 761
1135-eligible student who meets any of the following requirements 762
1136-shall be excluded from the maximum number of students if the 763
1137-student: 764
1138- a. Received specialized instructional service s under the 765
1139-Voluntary Prekindergarten Education Program pursuant to s. 766
1140-1002.66 during the previous school year and the student has a 767
1141-current IEP developed by the district local school board in 768
1142-accordance with rules of the State Board of Education; 769
1143- b. Is a dependent child of a member of the United States 770
1144-Armed Forces, a foster child, or an adopted child; 771
1145- c. Spent the prior school year in attendance at a Florida 772
1146-public school or the Florida School for the Deaf and the Blind. 773
1147-For purposes of this subparagraph, the term "prior school year 774
1148-in attendance" means that the student was enrolled and reported 775
1149-
1150-CS/HB 5101 2022
1151-
1152-
1153-
1154-CODING: Words stricken are deletions; words underlined are additions.
1155-hb5101-01-c1
1156-Page 32 of 90
1157-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158-
1159-
1160-
1161-by: 776
1162- (I) A school district for funding during either the 777
1163-preceding October or February full-time equivalent student 778
1164-membership Florida Education Finance Program surveys in 779
1165-kindergarten through grade 12, which includes time spent in a 780
1166-Department of Juvenile Just ice commitment program if funded 781
1167-under the Florida Education Finance Program; 782
1168- (II) The Florida School for the Deaf and the Blind during 783
1169-the preceding October or February full-time equivalent student 784
1170-membership surveys in kindergarten through grade 12; 785
1171- (III) A school district for funding during the preceding 786
1172-October or February full-time equivalent student membership 787
1173-Florida Education Finance Program surveys, was at least 4 years 788
1174-of age when enrolled and reported, and was eligible for services 789
1175-under s. 1003.21(1)(e); or 790
1176- (IV) Received a John M. McKay Scholarship for Students 791
1177-with Disabilities in the 2021 -2022 school year. 792
1178- 2. For a student who has a Level I to Level III matrix of 793
1179-services or a diagnosis by a physician or psychologist, the 794
1180-calculated scholarship amount for a student participating in the 795
1181-program must be based upon the grade level and school district 796
1182-in which the student would have been enrolled as the total funds 797
1183-per unweighted full-time equivalent in the Florida Education 798
1184-Finance Program for a student in the basic exceptional student 799
1185-education program pursuant to s. 1011.62(1)(c)1. and (e)1.c., 800
1186-
1187-CS/HB 5101 2022
1188-
1189-
1190-
1191-CODING: Words stricken are deletions; words underlined are additions.
1192-hb5101-01-c1
1193-Page 33 of 90
1194-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195-
1196-
1197-
1198-plus a per full-time equivalent share of funds for all 801
1199-categorical programs, as funded in the General Appropriations 802
1200-Act, except that for the excep tional student education 803
1201-guaranteed allocation , as provided in s. 1011.62(1)(e)1.c. and 804
1202-2., the funds must be allocated based on the school district's 805
1203-average exceptional student education guaranteed allocation 806
1204-funds per exceptional student education full -time equivalent 807
1205-student. 808
1206- 3. For a student with a Level IV or Level V matrix of 809
1207-services, the calculated scholarship amount must be based upon 810
1208-the school district to which the student would have been 811
1209-assigned as the total funds per full -time equivalent for the 812
1210-Level IV or Level V exceptional student education program 813
1211-pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 814
1212-equivalent share of funds for all categorical programs, as 815
1213-funded in the General Appropriations Act. 816
1214- 4. For a student who receive d a Gardiner Scholarship 817
1215-pursuant to s. 1002.385 in the 2020 -2021 school year, the amount 818
1216-shall be the greater of the amount calculated pursuant to 819
1217-subparagraph 2. or the amount the student received for the 2020 -820
1218-2021 school year. 821
1219- 5. For a student who rec eived a John M. McKay Scholarship 822
1220-pursuant to s. 1002.39 in the 2020 -2021 school year, the amount 823
1221-shall be the greater of the amount calculated pursuant to 824
1222-subparagraph 2. or the amount the student received for the 2020 -825
1223-
1224-CS/HB 5101 2022
1225-
1226-
1227-
1228-CODING: Words stricken are deletions; words underlined are additions.
1229-hb5101-01-c1
1230-Page 34 of 90
1231-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232-
1233-
1234-
1235-2021 school year. 826
1236- 6. Upon notification from an organization on July 1, 827
1237-September 1, December 1, and February 1 that an application has 828
1238-been approved for the program, the department shall verify that 829
1239-the student is not prohibited from receiving a scholarship 830
1240-pursuant to subsection (6). The organization must provide the 831
1241-department with the documentation necessary to verify the 832
1242-student's participation. 833
1243- 7. Upon receiving the documentation verification, the 834
1244-department shall release, from state funds only, the student's 835
1245-scholarship funds to the organization, to be deposited into the 836
1246-student's account in four equal amounts no later than September 837
1247-1, November 1, February 1, and April 1 of each school year in 838
1248-which the scholarship is in force. 839
1249- 8. Accrued interest in the student's account is in 840
1250-addition to, and not part of, the awarded funds. Program funds 841
1251-include both the awarded funds and accrued interest. 842
1252- 9. The organization may develop a system for payment of 843
1253-benefits by funds transfer, including, but not limited to, debit 844
1254-cards, electronic payment cards, or any other means of payment 845
1255-which the department deems to be commercially viable or cost -846
1256-effective. A student's scholarship award may not be reduced for 847
1257-debit card or electronic payment fees. Commodities or services 848
1258-related to the developme nt of such a system must be procured by 849
1259-competitive solicitation unless they are purchased from a state 850
1260-
1261-CS/HB 5101 2022
1262-
1263-
1264-
1265-CODING: Words stricken are deletions; words underlined are additions.
1266-hb5101-01-c1
1267-Page 35 of 90
1268-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269-
1270-
1271-
1272-term contract pursuant to s. 287.056. 851
1273- 10. Moneys received pursuant to this section do not 852
1274-constitute taxable income to the qualified student or the pa rent 853
1275-of the qualified student. 854
1276- Section 5. Paragraph (j) of subsection (6), paragraph (d) 855
1277-of subsection (9), and paragraph (a) of subsection (11) of 856
1278-section 1002.395, Florida Statutes, are amended to read: 857
1279- 1002.395 Florida Tax Credit Scholarship Progr am.— 858
1280- (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 859
1281-ORGANIZATIONS.—An eligible nonprofit scholarship -funding 860
1282-organization: 861
1283- (j)1. May use eligible contributions received pursuant to 862
1284-this section and ss. 212.099, 212.1832, and 1002.40 during t he 863
1285-state fiscal year in which such contributions are collected for 864
1286-administrative expenses if the organization has operated as an 865
1287-eligible nonprofit scholarship -funding organization for at least 866
1288-the preceding 3 fiscal years and did not have any findings of 867
1289-material weakness or material noncompliance in its most recent 868
1290-audit under paragraph (m). Administrative expenses from eligible 869
1291-contributions may not exceed 3 percent of the total amount of 870
1292-all scholarships funded by an eligible scholarship -funding 871
1293-organization under this chapter. Such administrative expenses 872
1294-must be reasonable and necessary for the organization's 873
1295-management and distribution of scholarships funded under this 874
1296-chapter. Administrative expenses may include developing or 875
1297-
1298-CS/HB 5101 2022
1299-
1300-
1301-
1302-CODING: Words stricken are deletions; words underlined are additions.
1303-hb5101-01-c1
1304-Page 36 of 90
1305-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306-
1307-
1308-
1309-contracting with ridesh are programs or facilitating carpool 876
1310-strategies for recipients of a transportation scholarship. No 877
1311-funds authorized under this subparagraph shall be used for 878
1312-lobbying or political activity or expenses related to lobbying 879
1313-or political activity. Up to one -third of the funds authorized 880
1314-for administrative expenses under this subparagraph may be used 881
1315-for expenses related to the recruitment of contributions from 882
1316-taxpayers. An eligible nonprofit scholarship -funding 883
1317-organization may not charge an application fee. 884
1318- 2. Must expend for annual or partial -year scholarships an 885
1319-amount equal to or greater than 75 percent of the net eligible 886
1320-contributions remaining after administrative expenses during the 887
1321-state fiscal year in which such contributions are collected. No 888
1322-more than 25 percent of such net eligible contributions may be 889
1323-carried forward to the following state fiscal year. All amounts 890
1324-carried forward, for audit purposes, must be specifically 891
1325-identified for particular students, by student name and the name 892
1326-of the school to which the student is admitted, subject to the 893
1327-requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, 894
1328-and the applicable rules and regulations issued pursuant 895
1329-thereto. Any amounts carried forward shall be expended for 896
1330-annual or partial-year scholarships in the following state 897
1331-fiscal year. No later than September 30 of each year, net 898
1332-eligible contributions remaining on June 30 of each year that 899
1333-are in excess of the 25 percent that may be carried forward 900
1334-
1335-CS/HB 5101 2022
1336-
1337-
1338-
1339-CODING: Words stricken are deletions; words underlined are additions.
1340-hb5101-01-c1
1341-Page 37 of 90
1342-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343-
1344-
1345-
1346-shall be used to provide scholarships to eligible students or 901
1347-transferred to other eligible nonprofit scholarship -funding 902
1348-organizations to provide scholarships for eligible students. All 903
1349-transferred funds must be deposited by each eligible nonprofit 904
1350-scholarship-funding organization receiving suc h funds into its 905
1351-scholarship account. All transferred amounts received by any 906
1352-eligible nonprofit scholarship -funding organization must be 907
1353-separately disclosed in the annual financial audit required 908
1354-under paragraph (m). 909
1355- 3. Must, before granting a scholars hip for an academic 910
1356-year, document each scholarship student's eligibility for that 911
1357-academic year. A scholarship -funding organization may not grant 912
1358-multiyear scholarships in one approval process. 913
1359- 914
1360-Information and documentation provided to the Department of 915
1361-Education and the Auditor General relating to the identity of a 916
1362-taxpayer that provides an eligible contribution under this 917
1363-section shall remain confidential at all times in accordance 918
1364-with s. 213.053. 919
1365- (9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 920
1366-Education shall: 921
1367- (d) Cross-check the list of participating scholarship 922
1368-students with the public school enrollment lists to avoid 923
1369-duplication and, when the Florida Education Finance Program is 924
1370-recalculated, adjust the amount of state funds allocated to 925
1371-
1372-CS/HB 5101 2022
1373-
1374-
1375-
1376-CODING: Words stricken are deletions; words underlined are additions.
1377-hb5101-01-c1
1378-Page 38 of 90
1379-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380-
1381-
1382-
1383-school districts through the Florida Education Finance Program 926
1384-based upon the results of the cross -check. 927
1385- (11) SCHOLARSHIP AMOUNT AND PAYMENT. — 928
1386- (a) The scholarship amount provided to any student for any 929
1387-single school year by an eligible nonprofit s cholarship-funding 930
1388-organization from eligible contributions shall be for total 931
1389-costs authorized under paragraph (6)(d), not to exceed annual 932
1390-limits, which shall be determined as follows: 933
1391- 1. For a student who received a scholarship in the 2018 -934
1392-2019 school year, who remains eligible, and who is enrolled in 935
1393-an eligible private school, the amount shall be the greater 936
1394-amount calculated pursuant to subparagraph 2. or a percentage of 937
1395-the unweighted FTE funding amount for the 2018 -2019 state fiscal 938
1396-year and thereafter as follows: 939
1397- a. Eighty-eight percent for a student enrolled in 940
1398-kindergarten through grade 5. 941
1399- b. Ninety-two percent for a student enrolled in grade 6 942
1400-through grade 8. 943
1401- c. Ninety-six percent for a student enrolled in grade 9 944
1402-through grade 12. 945
1403- 2. For students initially eligible in the 2019 -2020 school 946
1404-year or thereafter, the calculated amount for a student to 947
1405-attend an eligible private school shall be calculated in 948
1406-accordance with s. 1002.394(12)(a). 949
1407- 3. The scholarship amount awarded to a student enrolled in 950
1408-
1409-CS/HB 5101 2022
1410-
1411-
1412-
1413-CODING: Words stricken are deletions; words underlined are additions.
1414-hb5101-01-c1
1415-Page 39 of 90
1416-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417-
1418-
1419-
1420-a Florida public school in which a student is enrolled and that 951
1421-is different from the school to which the student was assigned 952
1422-or in a lab school as defined in s. 1002.32, must be an amount 953
1423-equal to the school district expenditure per student riding a 954
1424-school bus or is limited to $750, whichever is greater . 955
1425- Section 6. Paragraph (a) of subsection (8) of section 956
1426-1002.40, Florida Statutes, is amended to read: 957
1427- 1002.40 The Hope Scholarship Program. — 958
1428- (8) DEPARTMENT OF EDUCATION OBLIGATIONS. —The department 959
1429-shall: 960
1430- (a) Cross-check the list of participating scholarship 961
1431-students with the public school enrollment lists to avoid 962
1432-duplication and, when the Florida Education Finance Program is 963
1433-recalculated, adjust the amount of state funds allocated to 964
1434-school districts through the Florida Education Finance Program 965
1435-based upon the results of the cross -check. 966
1436- Section 7. Subsections (2) and (6) of section 1002.411, 967
1437-Florida Statutes, are amended to read: 968
1438- 1002.411 Reading scholarship accounts. — 969
1439- (2) ELIGIBILITY.—Contingent upon available funds, and on a 970
1440-first-come, first-served basis, each student in grades 3 through 971
1441-5 who is enrolled in a Florida public school in kindergarten 972
1442-through grade 5 is eligible for a reading scholarship account if 973
1443-the student has a substantial reading deficiency identified 974
1444-under s. 1008.25(5)(a) or scored below a Level 3 on the grade 3 975
1445-
1446-CS/HB 5101 2022
1447-
1448-
1449-
1450-CODING: Words stricken are deletions; words underlined are additions.
1451-hb5101-01-c1
1452-Page 40 of 90
1453-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454-
1455-
1456-
1457-or grade 4 statewide, standardized English Language Arts (ELA) 976
1458-assessment in the prior school year. An eligible student who is 977
1459-classified as an English Language Learner and is enrolled in a 978
1460-program or receiving services that are specifically designed to 979
1461-meet the instructional needs of English Language Learner 980
1462-students shall receive priority. 981
1463- (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIO NS.— 982
1464- (a) By September 30, the school district shall notify the 983
1465-parent of each student in kindergarten grades 3 through grade 5 984
1466-who has a substantial reading deficiency identified under s. 985
1467-1008.25(5)(a) or scored below a level 3 on the statewide, 986
1468-standardized ELA assessment in the prior school year of the 987
1469-process to request and receive a reading scholarship, subject to 988
1470-available funds. 989
1471- (b) A school district may not prohibit instructional 990
1472-personnel from providing services pursuant to this section on 991
1473-the instructional personnel's school campus outside regular work 992
1474-hours. 993
1475- Section 8. Subsections (6) through (11) of section 994
1476-1002.45, Florida Statutes, are renumbered as subsections (5) 995
1477-through (10), respectively, and subsections (1) and (2), 996
1478-paragraphs (b), (c), and (d) of subsection (3), subsections (4) 997
1479-and (5), and present subsections (6), (7), (8), and (11) of 998
1480-section 1002.45, Florida Statutes, are amended, to read: 999
1481- 1002.45 Virtual instruction programs. — 1000
1482-
1483-CS/HB 5101 2022
1484-
1485-
1486-
1487-CODING: Words stricken are deletions; words underlined are additions.
1488-hb5101-01-c1
1489-Page 41 of 90
1490-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491-
1492-
1493-
1494- (1) PROGRAM.— 1001
1495- (a) For purposes of this section , the term: 1002
1496- 1. "Approved virtual instruction program provider" means a 1003
1497-provider that is approved by the State Board Department of 1004
1498-Education under subsection (2), the Florida Virtual School, a 1005
1499-franchise of the Florida Virtual School, or a Florida College 1006
1500-System institution. 1007
1501- 2. "Department" means the Department of Education. 1008
1502- 3.2. "Virtual instruction program" means a program of 1009
1503-instruction provided in an interactive learning environment 1010
1504-created through technology in which students are separated from 1011
1505-their teachers by time or space, or both. 1012
1506- (b)1. Each school district shall provide at least one 1013
1507-option for part-time and full-time virtual instruction for 1014
1508-students residing within the school district. All school 1015
1509-districts must provide parents with timely wr itten notification 1016
1510-of at least one open enrollment period for full -time students of 1017
1511-90 days or more which ends 30 days before the first day of the 1018
1512-school year. The purpose of the program is to make quality 1019
1513-virtual instruction available to students using on line and 1020
1514-distance learning technology in the nontraditional classroom. A 1021
1515-school district virtual instruction program shall consist of the 1022
1516-following: 1023
1517- a.1. Full-time and part-time virtual instruction for 1024
1518-students enrolled in kindergarten through grade 12. 1025
1519-
1520-CS/HB 5101 2022
1521-
1522-
1523-
1524-CODING: Words stricken are deletions; words underlined are additions.
1525-hb5101-01-c1
1526-Page 42 of 90
1527-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528-
1529-
1530-
1531- b.2. Full-time or part-time virtual instruction for 1026
1532-students enrolled in dropout prevention and academic 1027
1533-intervention programs under s. 1003.53, Department of Juvenile 1028
1534-Justice education programs under s. 1003.52, core -curricula 1029
1535-courses to meet class size requirements under s. 1003.03, or 1030
1536-Florida College System institutions under this section. 1031
1537- 2. Each virtual instruction program established under 1032
1538-paragraph (c) by a school district either directly or through a 1033
1539-contract with an approved virtual instruction program provider 1034
1540-shall operate under its own Master School Identification Number 1035
1541-as prescribed by the department. 1036
1542- (c) To provide students residing within the school 1037
1543-district with the option of participating in virtual instruction 1038
1544-programs as required b y paragraph (b), a school district may: 1039
1545- 1. Contract with the Florida Virtual School or establish a 1040
1546-franchise of the Florida Virtual School for the provision of a 1041
1547-program under paragraph (b). Using this option is subject to the 1042
1548-requirements of this sectio n and s. 1011.61(1)(c)1.b.(III) and 1043
1549-(IV) and (4). A district may report full -time equivalent student 1044
1550-membership for credit earned by a student who is enrolled in a 1045
1551-virtual education course provided by the district which was 1046
1552-completed after the end of the r egular school year if the FTE is 1047
1553-reported no later than the deadline for amending the final 1048
1554-student membership report for that year . 1049
1555- 2. Contract with an approved virtual instruction program 1050
1556-
1557-CS/HB 5101 2022
1558-
1559-
1560-
1561-CODING: Words stricken are deletions; words underlined are additions.
1562-hb5101-01-c1
1563-Page 43 of 90
1564-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565-
1566-
1567-
1568-provider under subsection (2) for the provision of a full -time 1051
1569-or part-time program under paragraph (b). 1052
1570- 3. Enter into an agreement with other school districts to 1053
1571-allow the participation of its students in an approved virtual 1054
1572-instruction program provided by the other school district. The 1055
1573-agreement must indicate a pro cess for the transfer of funds 1056
1574-required by paragraph (6)(b) (7)(a). 1057
1575- 4. Establish school district operated part -time or full-1058
1576-time kindergarten through grade 12 virtual instruction programs 1059
1577-under paragraph (b) for students enrolled in the school 1060
1578-district. A full-time program shall operate under its own Master 1061
1579-School Identification Number . 1062
1580- 5. Enter into an agreement with a virtual charter school 1063
1581-authorized by the school district under s. 1002.33. 1064
1582- 1065
1583-Contracts under subparagraph 1. or subparagraph 2. may include 1066
1584-multidistrict contractual arrangements that may be executed by a 1067
1585-regional consortium service organization established pursuant to 1068
1586-s. 1001.451 for its member districts. A multidistrict 1069
1587-contractual arrangement or an agreement under subparagraph 3. is 1070
1588-not subject to s. 1001.42(4)(d) and does not require the 1071
1589-participating school districts to be contiguous. These 1072
1590-arrangements may be used to fulfill the requirements of 1073
1591-paragraph (b). 1074
1592- (d) A virtual charter school may provide full -time or 1075
1593-
1594-CS/HB 5101 2022
1595-
1596-
1597-
1598-CODING: Words stricken are deletions; words underlined are additions.
1599-hb5101-01-c1
1600-Page 44 of 90
1601-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602-
1603-
1604-
1605-part-time virtual instruction for students in kindergarten 1076
1606-through grade 12 residing within the school district sponsoring 1077
1607-the virtual charter school if the virtual charter school has a 1078
1608-charter approved pursuant to s. 1002.33. A virtual charter 1079
1609-school may: 1080
1610- 1. Contract with the Florida Virtual School. 1081
1611- 2. Contract with an approved virtual instruction program 1082
1612-provider under subsection (2). 1083
1613- 3. Enter into an agreement with a school district to allow 1084
1614-the participation of the virtual charter school's students in 1085
1615-the school district's virtual instruction program. The agreement 1086
1616-must indicate a process for reporting of student enrollment and 1087
1617-the transfer of funds required by paragraph (6)(b) (7)(a). 1088
1618- (e) Each school distri ct shall: 1089
1619- 1. Provide to the department by each October 1, a copy of 1090
1620-each contract and the amount amounts paid per unweighted full -1091
1621-time equivalent virtual student for services procured pursuant 1092
1622-to subparagraphs (c)1. and 2. 1093
1623- 2. Expend any the difference in the amount of funds per 1094
1624-unweighted full-time equivalent virtual student allocated to 1095
1625-provided for a student participating in the school district 1096
1626-virtual instruction program pursuant to subsection (6)(7) and 1097
1627-the amount price paid per unweighted full-time equivalent 1098
1628-virtual student by the school district for a contract executed 1099
1629-pursuant to subparagraph (c)1. or subparagraph (c)2. on for 1100
1630-
1631-CS/HB 5101 2022
1632-
1633-
1634-
1635-CODING: Words stricken are deletions; words underlined are additions.
1636-hb5101-01-c1
1637-Page 45 of 90
1638-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639-
1640-
1641-
1642-acquiring computer and device hardware and associated operating 1101
1643-system software that comply with the requirem ents of s. 1102
1644-1001.20(4)(a)1.b. 1103
1645- 3. Provide to the department and by September 1 of each 1104
1646-year report to the department an itemized list of items acquired 1105
1647-in subparagraph 2 with these funds. 1106
1648- 4.3. Limit the enrollment of virtual full-time equivalent 1107
1649-virtual students residing outside of the school district 1108
1650-providing the virtual instruction pursuant to paragraph (c) to 1109
1651-no more than 50 percent of the total enrolled virtual full-time 1110
1652-equivalent virtual students residing inside the school district 1111
1653-providing the virtual instruction. This subparagraph applies to 1112
1654-any virtual instruction contract or agreement that is entered 1113
1655-into for the first time after June 30, 2021. However, a school 1114
1656-district may not enroll more virtual full-time equivalent 1115
1657-virtual students residing outside of the school district than 1116
1658-the total number of reported full -time equivalent students 1117
1659-residing inside the school district. 1118
1660- (2) PROVIDER QUALIFICATIONS. — 1119
1661- (a) The department shall annually publish on its website 1120
1662-online a list of providers approv ed by the State Board of 1121
1663-Education to offer virtual instruction programs. To be approved 1122
1664-by the department, a virtual instruction program provider must 1123
1665-document that it: 1124
1666- 1. Is nonsectarian in its programs, admission policies, 1125
1667-
1668-CS/HB 5101 2022
1669-
1670-
1671-
1672-CODING: Words stricken are deletions; words underlined are additions.
1673-hb5101-01-c1
1674-Page 46 of 90
1675-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1676-
1677-
1678-
1679-employment practices, and op erations; 1126
1680- 2. Complies with the antidiscrimination provisions of s. 1127
1681-1000.05; 1128
1682- 3. Locates an administrative office or offices in this 1129
1683-state, requires its administrative staff to be state residents, 1130
1684-requires all instructional staff to be Florida -certified 1131
1685-teachers under chapter 1012 and conducts background screenings 1132
1686-for all employees or contracted personnel, as required by s. 1133
1687-1012.32, using state and national criminal history records; 1134
1688- 4. Electronically provides to parents and students 1135
1689-specific information posted and accessible online that includes, 1136
1690-but is not limited to, the following teacher -parent and teacher-1137
1691-student contact information for each course: 1138
1692- a. How to contact the instructor via phone, e -mail, or 1139
1693-online messaging tools. 1140
1694- b. How to contact technical support via phone, e -mail, or 1141
1695-online messaging tools. 1142
1696- c. How to contact the administration office via phone, e -1143
1697-mail, or online messaging tools. 1144
1698- d. Any requirement for regular contact with the instructor 1145
1699-for the course and clear expectations f or meeting the 1146
1700-requirement. 1147
1701- e. The requirement that the instructor in each course 1148
1702-must, at a minimum, conduct one contact with the parent and the 1149
1703-student each month; 1150
1704-
1705-CS/HB 5101 2022
1706-
1707-
1708-
1709-CODING: Words stricken are deletions; words underlined are additions.
1710-hb5101-01-c1
1711-Page 47 of 90
1712-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1713-
1714-
1715-
1716- 5. Possesses prior, successful experience offering virtual 1151
1717-instruction online courses to elementary, middle, or high school 1152
1718-students as demonstrated by quantified student learning gains in 1153
1719-each subject area and grade level provided for consideration as 1154
1720-an instructional program option. However, for a virtual 1155
1721-instruction program provider without sufficient prior, 1156
1722-successful experience offering online courses, the State Board 1157
1723-of Education department may conditionally approve the virtual 1158
1724-instruction program provider to offer courses measured pursuant 1159
1725-to subparagraph (7)(a)2. (8)(a)2. Conditional approval shall be 1160
1726-valid for 1 school year only and, based on the virtual 1161
1727-instruction program provider's experience in offering the 1162
1728-courses, the State Board of Education may department shall 1163
1729-determine whether to grant approval to offer a virtual 1164
1730-instruction program; 1165
1731- 6. Is accredited by a regional accrediting association as 1166
1732-defined by State Board of Education rule; 1167
1733- 7. Ensures instructional and curricular quality through a 1168
1734-detailed curriculum and student performance accountability plan 1169
1735-that addresses every subject and grade level it intends to 1170
1736-provide through contract with the school district, including: 1171
1737- a. Courses and programs that meet the standards of the 1172
1738-International Association for K -12 Online Learning and the 1173
1739-Southern Regional Education Board. 1174
1740- b. Instructional content and services that align with, and 1175
1741-
1742-CS/HB 5101 2022
1743-
1744-
1745-
1746-CODING: Words stricken are deletions; words underlined are additions.
1747-hb5101-01-c1
1748-Page 48 of 90
1749-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1750-
1751-
1752-
1753-measure student attainment of, student proficiency in the Next 1176
1754-Generation Sunshine State Standards. 1177
1755- c. Mechanisms that determine and ensure that a student has 1178
1756-satisfied requirements for grade leve l promotion and high school 1179
1757-graduation with a standard diploma, as appropriate; 1180
1758- 8. Publishes for the general public , in accordance with 1181
1759-disclosure requirements adopted in rule by the State Board of 1182
1760-Education, as part of its application as an approved virtual 1183
1761-instruction program a provider and in all contracts negotiated 1184
1762-pursuant to this section: 1185
1763- a. Information and data about the curriculum of each full -1186
1764-time and part-time virtual instruction program. 1187
1765- b. School policies and procedures. 1188
1766- c. Certification status and physical location of all 1189
1767-administrative and instructional personnel. 1190
1768- d. Hours and times of availability of instructional 1191
1769-personnel. 1192
1770- e. Student-teacher ratios. 1193
1771- f. Student completion and promotion rates. 1194
1772- g. Student, educator, and scho ol performance 1195
1773-accountability outcomes; 1196
1774- 9. If the approved virtual instruction program provider is 1197
1775-a Florida College System institution, employs instructors who 1198
1776-meet the certification requirements for instructional staff 1199
1777-under chapter 1012; and 1200
1778-
1779-CS/HB 5101 2022
1780-
1781-
1782-
1783-CODING: Words stricken are deletions; words underlined are additions.
1784-hb5101-01-c1
1785-Page 49 of 90
1786-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1787-
1788-
1789-
1790- 10. Performs an annual financial audit of its accounts and 1201
1791-records conducted by an independent auditor who is a certified 1202
1792-public accountant licensed under chapter 473. The independent 1203
1793-auditor shall conduct the audit which is in accordance with 1204
1794-rules adopted by the Auditor General pursuant to s. 11.45 and, 1205
1795-upon completion of the audit, shall prepare an audit report in 1206
1796-accordance with such rules. The audit report must include a 1207
1797-written statement by the approved virtual instruct ion program 1208
1798-provider describing any corrective action to be taken in 1209
1799-response to each of the independent auditor's recommendations 1210
1800-included in the audit report. The independent auditor shall 1211
1801-submit the audit report to the State Board of Education and the 1212
1802-Auditor General no later than 9 months after the end of the 1213
1803-preceding fiscal year , is conducted in compliance with generally 1214
1804-accepted auditing standards, and includes a report on financial 1215
1805-statements presented in accordance with generally accepted 1216
1806-accounting principles. 1217
1807- (b) An approved virtual instruction program provider that 1218
1808-maintains compliance with all requirements of this section shall 1219
1809-retain its approved status for a period of during the 3 school 1220
1810-years after the date of the department's approval by the State 1221
1811-Board of Education under paragraph (a) as long as the provider 1222
1812-continues to comply with all requirements of this section. 1223
1813-However, each provider approved by the department for the 2011 -1224
1814-2012 school year must reapply for approval to provide a part -1225
1815-
1816-CS/HB 5101 2022
1817-
1818-
1819-
1820-CODING: Words stricken are deletions; words underlined are additions.
1821-hb5101-01-c1
1822-Page 50 of 90
1823-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1824-
1825-
1826-
1827-time program for students in grades 9 through 12 . 1226
1828- (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS. —Each virtual 1227
1829-instruction program under this section must: 1228
1830- (b) Offer instruction that is designed to enable a student 1229
1831-to gain proficiency in each virtual instruction virtually 1230
1832-delivered course of study. 1231
1833- (c) Provide each student enrolled in the virtual 1232
1834-instruction program with all the necessary instructional 1233
1835-materials. 1234
1836- (d) Provide each full -time student enrolled in the virtual 1235
1837-instruction program who qualifies for free or reduced -price 1236
1838-school lunches under the National School Lunch Act, or who is on 1237
1839-the direct certification list, and who does not have a computer 1238
1840-or Internet access in his or her home with: 1239
1841- 1. All equipment necessary for participants in the v irtual 1240
1842-instruction program, including, but not limited to, a computer, 1241
1843-computer monitor, and printer, if a printer is necessary to 1242
1844-participate in the virtual instruction program; and 1243
1845- 2. Access to or reimbursement for all Internet services 1244
1846-necessary for online delivery of instruction. 1245
1847- (4) CONTRACT REQUIREMENTS. —Each contract with an approved 1246
1848-virtual instruction program provider must, at minimum: 1247
1849- (a) Set forth a detailed curriculum plan that illustrates 1248
1850-how students will be provided services and be meas ured for 1249
1851-attainment of proficiency in the Next Generation Sunshine State 1250
1852-
1853-CS/HB 5101 2022
1854-
1855-
1856-
1857-CODING: Words stricken are deletions; words underlined are additions.
1858-hb5101-01-c1
1859-Page 51 of 90
1860-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1861-
1862-
1863-
1864-Standards for each grade level and subject. 1251
1865- (b) Provide a method for determining that a student has 1252
1866-satisfied the requirements for graduation in s. 1002.3105(5), s. 1253
1867-1003.4281, or s. 1003.4282 if the contract is for the provision 1254
1868-of a full-time virtual instruction program to students in grades 1255
1869-9 through 12. 1256
1870- (c) Specify a method for resolving conflicts among the 1257
1871-parties. 1258
1872- (d) Specify authorized reasons for termination of the 1259
1873-contract. 1260
1874- (e) Require the approved virtual instruction program 1261
1875-provider to be responsible for all debts of the virtual 1262
1876-instruction program if the contract is not renewed or is 1263
1877-terminated. 1264
1878- (f) Require the approved virtual instruction program 1265
1879-provider to comply with all requirements of this section. 1266
1880- (g) Require the approved virtual instruction program 1267
1881-provider to submit a concise, uniform, monthly financial 1268
1882-statement summary sheet in a form prescribed by the department. 1269
1883- (h) Provide the current incoming basel ine standard of 1270
1884-student academic achievement, the outcomes to be achieved, the 1271
1885-method of measurement that will be used, and a detailed 1272
1886-description of: 1273
1887- 1. How the baseline student academic achievement levels 1274
1888-and prior rates of academic progress will be es tablished. 1275
1889-
1890-CS/HB 5101 2022
1891-
1892-
1893-
1894-CODING: Words stricken are deletions; words underlined are additions.
1895-hb5101-01-c1
1896-Page 52 of 90
1897-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1898-
1899-
1900-
1901- 2. How these baseline rates will be compared to rates of 1276
1902-academic progress achieved by the same students while enrolled 1277
1903-in the virtual instruction program. 1278
1904- 3. To the extent possible, how the rates of progress will 1279
1905-be evaluated and compared w ith rates of progress of other 1280
1906-closely comparable student populations. 1281
1907- (i) Require the approved virtual instruction program 1282
1908-provider to annually submit an accountability report that 1283
1909-contains demographic information and student achievement 1284
1910-performance data, that links baseline student data to the 1285
1911-provider performance projecti ons identified in the contract. 1286
1912- (5) STUDENT ELIGIBILITY. —A student may enroll in a virtual 1287
1913-instruction program provided by the school district or by a 1288
1914-virtual charter school pursuant to s. 1002.455. 1289
1915- (5)(6) STUDENT PARTICIPATION REQUIREMENTS. —Each student 1290
1916-enrolled in the school district's a virtual instruction program 1291
1917-authorized pursuant to paragraph (1)(c) or virtual charter 1292
1918-school must: 1293
1919- (a) Comply with the compulsory attendance requirements of 1294
1920-s. 1003.21. Student attendance must be verified by the s chool 1295
1921-district. 1296
1922- (b) Take statewide assessments pursuant to s. 1008.22. 1297
1923-Statewide assessments may be administered within the school 1298
1924-district in which such student resides, or as specified in the 1299
1925-contract in accordance with s. 1008.24(3). If requested by t he 1300
1926-
1927-CS/HB 5101 2022
1928-
1929-
1930-
1931-CODING: Words stricken are deletions; words underlined are additions.
1932-hb5101-01-c1
1933-Page 53 of 90
1934-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1935-
1936-
1937-
1938-approved virtual instruction program provider or virtual charter 1301
1939-school, the district of residence must provide the student with 1302
1940-access to the district's testing facilities. 1303
1941- (6)(7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER 1304
1942-SCHOOL FUNDING.— 1305
1943- (a) All virtual instruction programs established pursuant 1306
1944-to paragraph (1)(c) are subject to the requirements of s. 1307
1945-1011.61(1)(c)1.b.(III), (IV), (VI) and (4) and the school 1308
1946-district providing the virtual instruction program shall report 1309
1947-the full-time equivalent students, in a manner prescribed by the 1310
1948-department. A school district may report a full -time equivalent 1311
1949-student for credit earned by a student who is enrolled in a 1312
1950-virtual instruction course provided by the district which was 1313
1951-completed after the end of the regular school year if the full -1314
1952-time equivalent student is reported no later than the deadline 1315
1953-for amending the final full -time equivalent student membership 1316
1954-report for that year Students enrolled in a virtual instruction 1317
1955-program or a virtual charter school shall be funded through the 1318
1956-Florida Education Finance Program as provided in the General 1319
1957-Appropriations Act. However, such funds may not be provided for 1320
1958-the purpose of fulfilling the class size requirements in ss. 1321
1959-1003.03 and 1011.685. The school di strict providing the virtual 1322
1960-instruction shall report the full -time equivalent students for a 1323
1961-virtual instruction program or a virtual charter school to the 1324
1962-department in a manner prescribed by the department . 1325
1963-
1964-CS/HB 5101 2022
1965-
1966-
1967-
1968-CODING: Words stricken are deletions; words underlined are additions.
1969-hb5101-01-c1
1970-Page 54 of 90
1971-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1972-
1973-
1974-
1975- (b) Students enrolled in a virtual instructi on program 1326
1976-shall be funded in the Florida Education Finance Program as 1327
1977-provided in the General Appropriations Act. The calculation to 1328
1978-determine the amount of funds for each student through Florida 1329
1979-Education Finance Program shall include the sum of the base 1330
1980-Florida Education Finance Program pursuant to s. 1011.62(1)(s) 1331
1981-and all categorical programs except for the categorical programs 1332
1982-established pursuant to ss. 1011.62(1)(f), 1011.62(7), 1333
1983-1011.62(13), 1011.685, and 1012.71. Students residing outside of 1334
1984-the school district reporting the full -time equivalent virtual 1335
1985-student shall be funded from state funds only. 1336
1986- (b) For purposes of a virtual instruction program or a 1337
1987-virtual charter school, "full -time equivalent student" has the 1338
1988-same meaning as provided in s. 1 011.61(1)(c)1.b.(III) or (IV). 1339
1989- (c) For a student enrolled in a kindergarten through grade 1340
1990-12 virtual instruction program, a "full -time equivalent student" 1341
1991-has the same meaning as provided in s. 1011.61(1)(c)1.b.(III) 1342
1992-and (IV). 1343
1993- (d) The full-time equivalent student membership calculated 1344
1994-under this subsection is subject to the requirements in s. 1345
1995-1011.61(4). 1346
1996- (c)(e) A Florida College System institution provider may 1347
1997-not report students who are served in a virtual instruction 1348
1998-program for funding under the Florida College System Program 1349
1999-Fund. 1350
2000-
2001-CS/HB 5101 2022
2002-
2003-
2004-
2005-CODING: Words stricken are deletions; words underlined are additions.
2006-hb5101-01-c1
2007-Page 55 of 90
2008-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2009-
2010-
2011-
2012- (7)(8) ASSESSMENT AND ACCOUNTABILITY. — 1351
2013- (a) Each approved virtual instruction program provider 1352
2014-contracted pursuant to under this section must: 1353
2015- 1. Participate in the statewide assessment program under 1354
2016-s. 1008.22 and in the state's education performance 1355
2017-accountability system under s. 1008.31. 1356
2018- 2. Receive a school grade under s. 1008.34 or a school 1357
2019-improvement rating under s. 1008.341, as applicable. The school 1358
2020-grade or school improvement rating received by each approved 1359
2021-virtual instruction program provider shall be based upon the 1360
2022-aggregated assessment scores of all students serv ed by the 1361
2023-provider statewide. Each approved virtual instruction program 1362
2024-provider shall receive a district grade pursuant to s. 1008.34 1363
2025-based upon the aggregated assessment scores of all students 1364
2026-served by the provider statewide and a separate school grade for 1365
2027-each school district with which it contracts based upon the 1366
2028-assessment scores of all students served within the school 1367
2029-district. The department shall publish the school grade or 1368
2030-school improvement rating received by each approved virtual 1369
2031-instruction program provider on its Internet website. The 1370
2032-department shall develop an evaluation method for providers of 1371
2033-part-time programs which includes the percentage of students 1372
2034-making learning gains, the percentage of students successfully 1373
2035-passing any required end -of-course assessment, the percentage of 1374
2036-students taking Advanced Placement examinations, and the 1375
2037-
2038-CS/HB 5101 2022
2039-
2040-
2041-
2042-CODING: Words stricken are deletions; words underlined are additions.
2043-hb5101-01-c1
2044-Page 56 of 90
2045-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2046-
2047-
2048-
2049-percentage of students scoring 3 or higher on an Advanced 1376
2050-Placement examination. 1377
2051- (b) The performance of part -time students in grades 9 1378
2052-through 12 shall not b e included for purposes of school grades 1379
2053-or school improvement ratings under subparagraph (a)2.; however, 1380
2054-their performance shall be included for school grading or school 1381
2055-improvement rating purposes by the district nonvirtual school 1382
2056-providing the student's primary instruction. 1383
2057- (c) An approved virtual instruction program provider that 1384
2058-receives a school grade of "D" or "F" pursuant to under s. 1385
2059-1008.34 or a school improvement rating of "Unsatisfactory" 1386
2060-pursuant to under s. 1008.341 must file a school improvem ent 1387
2061-plan with the department for consultation to determine the 1388
2062-causes for low performance and corrective actions necessary to 1389
2063-improve performance to develop a plan for correction and 1390
2064-improvement. 1391
2065- (d) An approved virtual instruction program provider's 1392
2066-contract is automatically must be terminated if the provider 1393
2067-earns two consecutive receives a school grades grade of "D" or 1394
2068-"F" pursuant to under s. 1008.34 after all school grade appeals 1395
2069-are final or earns two consecutive a school improvement ratings 1396
2070-rating of "Unsatisfactory" pursuant to under s. 1008.341 for 2 1397
2071-years during any consecutive 4 -year period or has violated any 1398
2072-qualification requirement pursuant to subsection (2). An 1399
2073-approved virtual instruction program A provider that has a 1400
2074-
2075-CS/HB 5101 2022
2076-
2077-
2078-
2079-CODING: Words stricken are deletions; words underlined are additions.
2080-hb5101-01-c1
2081-Page 57 of 90
2082-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2083-
2084-
2085-
2086-contract terminated u nder this paragraph may not be considered 1401
2087-an approved virtual instruction program provider for a period of 1402
2088-at least 1 year after the date upon which the contract was 1403
2089-terminated and until the State Board of Education department 1404
2090-determines that the virtual instruction program provider is in 1405
2091-compliance with subsection (2) and has corrected each cause of 1406
2092-the provider's low performance. 1407
2093- (10)(11) RULES.—The State Board of Education shall adopt 1408
2094-rules necessary to administer this section, including rules that 1409
2095-prescribe disclosure requirements under subsection (2) , a 1410
2096-standard contract that meets the requirements under subsection 1411
2097-(4), and school district reporting requirements under subsection 1412
2098-(6) (7). 1413
2099- Section 9. Section 1002.455, Florida Statutes, is amended 1414
2100-to read: 1415
2101- 1002.455 Student eligibility for K -12 virtual 1416
2102-instruction.—All students, including home education and private 1417
2103-school students, are eligible to participate in any of the 1418
2104-following virtual instruction options: 1419
2105- (1) School district operated part -time or full-time 1420
2106-kindergarten through grade 12 virtual instruction programs 1421
2107-pursuant to s. 1002.45(1)(c)4. to students within the school 1422
2108-district under s. 1002.45(1)(b) . 1423
2109- (2) Part-time or full-time virtual charter school 1424
2110-instruction authorized pursuant to s. 1002.45(1)(c)5. under s. 1425
2111-
2112-CS/HB 5101 2022
2113-
2114-
2115-
2116-CODING: Words stricken are deletions; words underlined are additions.
2117-hb5101-01-c1
2118-Page 58 of 90
2119-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2120-
2121-
2122-
2123-1002.33 to students within the school district or to students in 1426
2124-other school districts throughout the state pursuant to s. 1427
2125-1002.31; however, the school district enrol ling the full-time 1428
2126-equivalent virtual student shall comply with the enrollment 1429
2127-requirements established under to s. 1002.45(1)(e)4 . 1430
2128- (3) Virtual courses offered in the course code directory 1431
2129-to students within the school district or to students in other 1432
2130-school districts throughout the state pursuant to s. 1003.498. 1433
2131- (4) Florida Virtual School instructional services 1434
2132-authorized pursuant to under s. 1002.37. 1435
2133- (5) Virtual instruction provided by a school district 1436
2134-through a contract with an approved virtual in struction program 1437
2135-provider pursuant to s. 1002.45(1)(c)2. to students within the 1438
2136-school district or to students in other school districts 1439
2137-throughout the state pursuant to s. 1002.31; however the school 1440
2138-district enrolling the full -time equivalent virtual st udent 1441
2139-shall comply with the enrollment requirements established under 1442
2140-s. 1002.45(1)(e)4. 1443
2141- Section 10. Paragraph (b) of subsection (2) and paragraph 1444
2142-(d) of subsection (4) of section 1003.485, Florida Statutes, are 1445
2143-amended to read: 1446
2144- 1003.485 The New Worl ds Reading Initiative. — 1447
2145- (2) NEW WORLDS READING INITIATIVE; ADMINISTRATION. —The New 1448
2146-Worlds Reading Initiative is established under the department to 1449
2147-improve literacy skills and instill a love of reading by 1450
2148-
2149-CS/HB 5101 2022
2150-
2151-
2152-
2153-CODING: Words stricken are deletions; words underlined are additions.
2154-hb5101-01-c1
2155-Page 59 of 90
2156-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2157-
2158-
2159-
2160-providing high-quality, free books to students in kindergarten 1451
2161-through grade 5 who are reading below grade level. 1452
2162- (b) The administrator shall: 1453
2163- 1. Develop, in consultation with the Just Read, Florida! 1454
2164-Office under s. 1001.215, a selection of high -quality books 1455
2165-encompassing diverse subjects and genres for each grade level to 1456
2166-be mailed to students in the initiative. 1457
2167- 2. Distribute books at no cost to students as provided in 1458
2168-paragraph (4)(c) either directly or through an agreement with a 1459
2169-book distribution company. 1460
2170- 3. Assist local implementation of the initiative by 1461
2171-providing marketing materials to school districts and any 1462
2172-partnering nonprofit organizations to assist with public 1463
2173-awareness campaigns and other activities designed to increase 1464
2174-family engagement and instill a love of reading in students. 1465
2175- 4. Maintain a clearinghouse for information on national, 1466
2176-state, and local nonprofit organizations that support efforts to 1467
2177-improve literacy and provide books to children. 1468
2178- 5. Develop training materials for parents of students in 1469
2179-the initiative, including bri ef video training modules, which 1470
2180-engage families in reading and assist with improving student 1471
2181-literacy skills. The administrator shall periodically send, via 1472
2182-text message and e-mail, tips for facilitating reading at home 1473
2183-and hyperlinks to the video trainin g modules. 1474
2184- 6. Provide to teachers professional development and 1475
2185-
2186-CS/HB 5101 2022
2187-
2188-
2189-
2190-CODING: Words stricken are deletions; words underlined are additions.
2191-hb5101-01-c1
2192-Page 60 of 90
2193-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2194-
2195-
2196-
2197-resources that correlate with the books provided through the 1476
2198-initiative. 1477
2199- 7.6. Annually submit to the department an annual financial 1478
2200-report that includes, at a minimum, the amount of eligibl e 1479
2201-contributions received by the administrator; the amount spent on 1480
2202-each activity required by this paragraph, including 1481
2203-administrative expenses; and the number of students and 1482
2204-households served under the initiative. 1483
2205- 8.7. Maintain separate accounts for ope rating funds and 1484
2206-funds for the purchase and delivery of books. 1485
2207- 9.8. Expend eligible contributions received only for the 1486
2208-purchase and delivery of books and to implement the requirements 1487
2209-of this section, as well as for administrative expenses not to 1488
2210-exceed 2 percent of total eligible contributions. 1489
2211-Notwithstanding s. 1002.395(6)(j)2., the administrator may carry 1490
2212-forward up to 25 percent of eligible contributions to the 1491
2213-following state fiscal year for purposes authorized by this 1492
2214-subsection. Any eligible cont ributions in excess of the 25 1493
2215-percent carry forward not used to provide additional books 1494
2216-throughout the year to eligible students shall revert to the 1495
2217-state treasury. 1496
2218- 10.9. Upon receipt of a contribution, provide the taxpayer 1497
2219-that made the contribution wi th a certificate of contribution. A 1498
2220-certificate of contribution must include the taxpayer's name 1499
2221-and, if available, its federal employer identification number; 1500
2222-
2223-CS/HB 5101 2022
2224-
2225-
2226-
2227-CODING: Words stricken are deletions; words underlined are additions.
2228-hb5101-01-c1
2229-Page 61 of 90
2230-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2231-
2232-
2233-
2234-the amount contributed; the date of contribution; and the name 1501
2235-of the administrator. 1502
2236- (4) ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT 1503
2237-OBLIGATIONS.— 1504
2238- (d) Upon enrollment and at the beginning of each school 1505
2239-year, students must be provided options for specific book topics 1506
2240-or genres in order to maximize student interest in reading. 1507
2241- Section 11. Paragraph (b) of subsection (2) of section 1508
2242-1003.498, Florida Statutes, is amended to read: 1509
2243- 1003.498 School district virtual course offerings. — 1510
2244- (2) School districts may offer virtual courses for 1511
2245-students enrolled in the school district. These courses must be 1512
2246-identified in the course code directory. Students may 1513
2247-participate in these virtual course offerings pursuant to s. 1514
2248-1002.455. 1515
2249- (b)1. Any student who is enrolled in a school district may 1516
2250-register and enroll in an online course offered by any other 1517
2251-school district in the state. The school district in which the 1518
2252-student completes the course shall report the student's 1519
2253-completion of that course for funding pursuant to s. 1520
2254-1011.61(1)(c)1.b.(VI), and the home school district shall not 1521
2255-report the student for funding for that course. 1522
2256- 2. The full-time equivalent student membership calculated 1523
2257-under this subsection is subject to the requirements in s. 1524
2258-1011.61(4). The Department of Education shall establish 1525
2259-
2260-CS/HB 5101 2022
2261-
2262-
2263-
2264-CODING: Words stricken are deletions; words underlined are additions.
2265-hb5101-01-c1
2266-Page 62 of 90
2267-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2268-
2269-
2270-
2271-procedures to enable interdistrict coordination for the deliver y 1526
2272-and funding of this online option. 1527
2273- 3. Funding for virtual courses shall be as provided in s. 1528
2274-1002.45(6). 1529
2275- Section 12. Paragraph (a) of subsection (13) of section 1530
2276-1003.52, Florida Statutes, is amended to read: 1531
2277- 1003.52 Educational services in Departm ent of Juvenile 1532
2278-Justice programs.— 1533
2279- (13)(a) Funding for eligible students enrolled in juvenile 1534
2280-justice education programs shall be the same as traditional 1535
2281-students funded in provided through the Florida Education 1536
2282-Finance Program and as specified provided in s. 1011.62 and the 1537
2283-General Appropriations Act. Funding shall include, at a minimum: 1538
2284- 1. Weighted program funding or the basic amount for 1539
2285-current operation multiplied by the district cost differential 1540
2286-as provided in s. 1011.62(2); 1541
2287- 2. The supplemental allocation for juvenile justice 1542
2288-education as provided in s. 1011.62(9); 1543
2289- 3. A proportionate share of the district's exceptional 1544
2290-student education guaranteed allocation, the supplemental 1545
2291-academic instruction allocation, and the instructional materials 1546
2292-allocation; 1547
2293- 4. An amount equivalent to the proportionate share of the 1548
2294-state average potential discretionary local effort for 1549
2295-operations, which shall be determined as follows: 1550
2296-
2297-CS/HB 5101 2022
2298-
2299-
2300-
2301-CODING: Words stricken are deletions; words underlined are additions.
2302-hb5101-01-c1
2303-Page 63 of 90
2304-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2305-
2306-
2307-
2308- a. If the district levies the maximum discretionary local 1551
2309-effort and the district 's discretionary local effort per FTE is 1552
2310-less than the state average potential discretionary local effort 1553
2311-per FTE, the proportionate share shall include both the 1554
2312-discretionary local effort and the compression supplement per 1555
2313-FTE. If the district's discretio nary local effort per FTE is 1556
2314-greater than the state average per FTE, the proportionate share 1557
2315-shall be equal to the state average; or 1558
2316- b. If the district does not levy the maximum discretionary 1559
2317-local effort and the district's actual discretionary local 1560
2318-effort per FTE is less than the state average potential 1561
2319-discretionary local effort per FTE, the proportionate share 1562
2320-shall be equal to the district's actual discretionary local 1563
2321-effort per FTE. If the district's actual discretionary local 1564
2322-effort per FTE is grea ter than the state average per FTE, the 1565
2323-proportionate share shall be equal to the state average 1566
2324-potential local effort per FTE; and 1567
2325- 5. A proportionate share of the district's proration to 1568
2326-funds available, if necessary. 1569
2327- Section 13. Section 1006.12, Florida Statutes, is amended 1570
2328-to read: 1571
2329- 1006.12 Safe-school officers at each public school. —For 1572
2330-the protection and safety of school personnel, property, 1573
2331-students, and visitors, each district school board and school 1574
2332-district superintendent shall partner wit h law enforcement 1575
2333-
2334-CS/HB 5101 2022
2335-
2336-
2337-
2338-CODING: Words stricken are deletions; words underlined are additions.
2339-hb5101-01-c1
2340-Page 64 of 90
2341-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2342-
2343-
2344-
2345-agencies or security agencies to establish or assign one or more 1576
2346-safe-school officers at each school facility within the 1577
2347-district, including charter schools. A district school board 1578
2348-must collaborate with charter school governing boards to 1579
2349-facilitate charter school access to all safe -school officer 1580
2350-options available under this section. The school district may 1581
2351-implement any combination of the options in subsections (1) -(4) 1582
2352-to best meet the needs of the school district and charter 1583
2353-schools. 1584
2354- (1) SCHOOL RESOURCE OFFICER. —A school district may 1585
2355-establish school resource officer programs through a cooperative 1586
2356-agreement with law enforcement agencies. 1587
2357- (a) School resource officers shall undergo criminal 1588
2358-background checks, drug testing, and a psycho logical evaluation 1589
2359-and be certified law enforcement officers, as defined in s. 1590
2360-943.10(1), who are employed by a law enforcement agency as 1591
2361-defined in s. 943.10(4). The powers and duties of a law 1592
2362-enforcement officer shall continue throughout the employee's 1593
2363-tenure as a school resource officer. 1594
2364- (b) School resource officers shall abide by district 1595
2365-school board policies and shall consult with and coordinate 1596
2366-activities through the school principal, but shall be 1597
2367-responsible to the law enforcement agency in all ma tters 1598
2368-relating to employment, subject to agreements between a district 1599
2369-school board and a law enforcement agency. Activities conducted 1600
2370-
2371-CS/HB 5101 2022
2372-
2373-
2374-
2375-CODING: Words stricken are deletions; words underlined are additions.
2376-hb5101-01-c1
2377-Page 65 of 90
2378-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2379-
2380-
2381-
2382-by the school resource officer which are part of the regular 1601
2383-instructional program of the school shall be under the direc tion 1602
2384-of the school principal. 1603
2385- (c) Complete mental health crisis intervention training 1604
2386-using a curriculum developed by a national organization with 1605
2387-expertise in mental health crisis intervention. The training 1606
2388-shall improve officers' knowledge and skills a s first responders 1607
2389-to incidents involving students with emotional disturbance or 1608
2390-mental illness, including de -escalation skills to ensure student 1609
2391-and officer safety. 1610
2392- (2) SCHOOL SAFETY OFFICER. —A school district may 1611
2393-commission one or more school safety of ficers for the protection 1612
2394-and safety of school personnel, property, and students within 1613
2395-the school district. The district school superintendent may 1614
2396-recommend, and the district school board may appoint, one or 1615
2397-more school safety officers. 1616
2398- (a) School safety officers shall undergo criminal 1617
2399-background checks, drug testing, and a psychological evaluation 1618
2400-and be law enforcement officers, as defined in s. 943.10(1), 1619
2401-certified under the provisions of chapter 943 and employed by 1620
2402-either a law enforcement agency or by the district school board. 1621
2403-If the officer is employed by the district school board, the 1622
2404-district school board is the employing agency for purposes of 1623
2405-chapter 943, and must comply with the provisions of that 1624
2406-chapter. 1625
2407-
2408-CS/HB 5101 2022
2409-
2410-
2411-
2412-CODING: Words stricken are deletions; words underlined are additions.
2413-hb5101-01-c1
2414-Page 66 of 90
2415-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2416-
2417-
2418-
2419- (b) A school safety officer has and shall exercise the 1626
2420-power to make arrests for violations of law on district school 1627
2421-board property and to arrest persons, whether on or off such 1628
2422-property, who violate any law on such property under the same 1629
2423-conditions that deputy sheriffs are authorized to make arrests. 1630
2424-A school safety officer has the authority to carry weapons when 1631
2425-performing his or her official duties. 1632
2426- (c) School safety officers must complete mental health 1633
2427-crisis intervention training using a curriculum developed by a 1634
2428-national organization with expertise in mental health crisis 1635
2429-intervention. The training shall improve officers' knowledge and 1636
2430-skills as first responders to incidents involving students with 1637
2431-emotional disturbance or mental illness, including de -escalation 1638
2432-skills to ensure stu dent and officer safety. 1639
2433- (d) A district school board may enter into mutual aid 1640
2434-agreements with one or more law enforcement agencies as provided 1641
2435-in chapter 23. A school safety officer's salary may be paid 1642
2436-jointly by the district school board and the law e nforcement 1643
2437-agency, as mutually agreed to. 1644
2438- (3) SCHOOL GUARDIAN. —At the school district's or the 1645
2439-charter school governing board's discretion, as applicable, 1646
2440-pursuant to s. 30.15, a school district or charter school 1647
2441-governing board may participate in the Co ach Aaron Feis Guardian 1648
2442-Program to meet the requirement of establishing a safe -school 1649
2443-officer. The following individuals may serve as a school 1650
2444-
2445-CS/HB 5101 2022
2446-
2447-
2448-
2449-CODING: Words stricken are deletions; words underlined are additions.
2450-hb5101-01-c1
2451-Page 67 of 90
2452-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2453-
2454-
2455-
2456-guardian, in support of school -sanctioned activities for 1651
2457-purposes of s. 790.115, upon satisfactory completion of the 1652
2458-requirements under s. 30.15(1)(k) and certification by a 1653
2459-sheriff: 1654
2460- (a) A school district employee or personnel, as defined 1655
2461-under s. 1012.01, or a charter school employee, as provided 1656
2462-under s. 1002.33(12)(a), who volunteers to serve as a school 1657
2463-guardian in addition to his or her official job duties; or 1658
2464- (b) An employee of a school district or a charter school 1659
2465-who is hired for the specific purpose of serving as a school 1660
2466-guardian. 1661
2467- (4) SCHOOL SECURITY GUARD. —A school district or charter 1662
2468-school governing board may contract with a security agency as 1663
2469-defined in s. 493.6101(18) to employ as a school security guard 1664
2470-an individual who holds a Class "D" and Class "G" license 1665
2471-pursuant to chapter 493, provided the following training and 1666
2472-contractual conditions are met: 1667
2473- (a) An individual who serves as a school security guard, 1668
2474-for purposes of satisfying the requirements of this section, 1669
2475-must: 1670
2476- 1. Demonstrate completion of 144 hours of required 1671
2477-training pursuant to s. 30.15(1)(k)2. 1672
2478- 2. Pass a psychological evaluati on administered by a 1673
2479-psychologist licensed under chapter 490 and designated by the 1674
2480-Department of Law Enforcement and submit the results of the 1675
2481-
2482-CS/HB 5101 2022
2483-
2484-
2485-
2486-CODING: Words stricken are deletions; words underlined are additions.
2487-hb5101-01-c1
2488-Page 68 of 90
2489-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2490-
2491-
2492-
2493-evaluation to the sheriff's office, school district, or charter 1676
2494-school governing board, as applicable. The Depart ment of Law 1677
2495-Enforcement is authorized to provide the sheriff's office, 1678
2496-school district, or charter school governing board with mental 1679
2497-health and substance abuse data for compliance with this 1680
2498-paragraph. 1681
2499- 3. Submit to and pass an initial drug test and subse quent 1682
2500-random drug tests in accordance with the requirements of s. 1683
2501-112.0455 and the sheriff's office, school district, or charter 1684
2502-school governing board, as applicable. 1685
2503- 4. Successfully complete ongoing training, weapon 1686
2504-inspection, and firearm qualificatio n on at least an annual 1687
2505-basis and provide documentation to the sheriff's office, school 1688
2506-district, or charter school governing board, as applicable. 1689
2507- (b) The contract between a security agency and a school 1690
2508-district or a charter school governing board regar ding 1691
2509-requirements applicable to school security guards serving in the 1692
2510-capacity of a safe-school officer for purposes of satisfying the 1693
2511-requirements of this section shall define the entity or entities 1694
2512-responsible for training and the responsibilities for 1695
2513-maintaining records relating to training, inspection, and 1696
2514-firearm qualification. 1697
2515- (c) School security guards serving in the capacity of a 1698
2516-safe-school officer pursuant to this subsection are in support 1699
2517-of school-sanctioned activities for purposes of s. 790.1 15, and 1700
2518-
2519-CS/HB 5101 2022
2520-
2521-
2522-
2523-CODING: Words stricken are deletions; words underlined are additions.
2524-hb5101-01-c1
2525-Page 69 of 90
2526-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2527-
2528-
2529-
2530-must aid in the prevention or abatement of active assailant 1701
2531-incidents on school premises. 1702
2532- (5) NOTIFICATION.—The school district shall notify the 1703
2533-county sheriff and the Office of Safe Schools immediately after, 1704
2534-but no later than 72 hours after: 1705
2535- (a) A safe-school officer is dismissed for misconduct or 1706
2536-is otherwise disciplined. 1707
2537- (b) A safe-school officer discharges his or her firearm in 1708
2538-the exercise of the safe -school officer's duties, other than for 1709
2539-training purposes. 1710
2540- (6) EXEMPTION.—Any information that would identify whether 1711
2541-a particular individual has been appointed as a safe -school 1712
2542-officer pursuant to this section held by a law enforcement 1713
2543-agency, school district, or charter school is exempt from s. 1714
2544-119.07(1) and s. 24(a), Art. I of the State Constitution. This 1715
2545-subsection is subject to the Open Government Sunset Review Act 1716
2546-in accordance with s. 119.15 and shall stand repealed on October 1717
2547-2, 2023, unless reviewed and saved from repeal through 1718
2548-reenactment by the Legislature. 1719
2549- 1720
2550-If a district school board, through its adopted policies, 1721
2551-procedures, or actions, denies a charter school access to any 1722
2552-safe-school officer options pursuant to this section, the school 1723
2553-district must assign a school resource officer or school safety 1724
2554-officer to the charter scho ol. Under such circumstances, the 1725
2555-
2556-CS/HB 5101 2022
2557-
2558-
2559-
2560-CODING: Words stricken are deletions; words underlined are additions.
2561-hb5101-01-c1
2562-Page 70 of 90
2563-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2564-
2565-
2566-
2567-charter school's share of the costs of the school resource 1726
2568-officer or school safety officer may not exceed the safe school 1727
2569-allocation funds provided to the charter school pursuant to s. 1728
2570-1011.62(12) s. 1011.62(13) and shall be retained by the school 1729
2571-district. 1730
2572- Section 14. Subsection (1) of section 1006.22, Florida 1731
2573-Statutes, is amended to read: 1732
2574- 1006.22 Safety and health of students being transported. —1733
2575-Maximum regard for safety and adequate protection of health are 1734
2576-primary requirements that must be observed by district school 1735
2577-boards in routing buses, appointing drivers, and providing and 1736
2578-operating equipment, in accordance with all requirements of law 1737
2579-and rules of the State Board of Education in providing 1738
2580-transportation pursuant to s. 1006.21: 1739
2581- (1)(a) District school boards shall use school buses, as 1740
2582-defined in s. 1006.25, for all regular transportation. Regular 1741
2583-transportation or regular use means transportation of students 1742
2584-to and from school or school -related activities tha t are part of 1743
2585-a scheduled series or sequence of events to the same location. 1744
2586-"Students" means, for the purposes of this section, students 1745
2587-enrolled in the public schools in prekindergarten disability 1746
2588-programs and in kindergarten through grade 12. District s chool 1747
2589-boards may regularly use motor vehicles other than school buses 1748
2590-only under the following conditions: 1749
2591- 1. When the transportation is for physically handicapped 1750
2592-
2593-CS/HB 5101 2022
2594-
2595-
2596-
2597-CODING: Words stricken are deletions; words underlined are additions.
2598-hb5101-01-c1
2599-Page 71 of 90
2600-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2601-
2602-
2603-
2604-or isolated students and the district school board has elected 1751
2605-to provide for the transpor tation of the student through written 1752
2606-or oral contracts or agreements. 1753
2607- 2. When the transportation is a part of a comprehensive 1754
2608-contract for a specialized educational program between a 1755
2609-district school board and a service provider who provides 1756
2610-instruction, transportation, and other services. 1757
2611- 3. When the transportation is provided through a public 1758
2612-transit system. 1759
2613- 4. When the transportation is for trips to and from school 1760
2614-sites or agricultural education sites or for trips to and from 1761
2615-agricultural educatio n-related events or competitions, but is 1762
2616-not for customary transportation between a student's residence 1763
2617-and such sites. 1764
2618- 5. When the transportation is for trips to and from school 1765
2619-sites to allow students to participate in controlled open 1766
2620-enrollment a career education program that is not offered at the 1767
2621-high school in which such students are enrolled but is not for 1768
2622-customary transportation between a student's residence and such 1769
2623-sites. 1770
2624- (b) When the transportation of students is provided, as 1771
2625-authorized in this subsection, in a vehicle other than a school 1772
2626-bus that is owned, operated, rented, contracted, or leased by a 1773
2627-school district or charter school, the following provisions 1774
2628-shall apply: 1775
2629-
2630-CS/HB 5101 2022
2631-
2632-
2633-
2634-CODING: Words stricken are deletions; words underlined are additions.
2635-hb5101-01-c1
2636-Page 72 of 90
2637-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2638-
2639-
2640-
2641- 1. The vehicle must be a passenger car or multipurpose 1776
2642-passenger vehicle or truck, as defined in 49 C.F.R. part 571, 1777
2643-designed to transport no more fewer than 10 students. Students 1778
2644-must be transported in designated seating positions and must use 1779
2645-the occupant crash protection system provided by the 1780
2646-manufacturer unless the student's physical condition prohibits 1781
2647-such use. 1782
2648- 2. An authorized vehicle may not be driven by a student on 1783
2649-a public right-of-way. An authorized vehicle may be driven by a 1784
2650-student on school or private property as part of the student's 1785
2651-educational curriculum if no other student is in the vehicle. 1786
2652- 3. The driver of an authorized vehicle tr ansporting 1787
2653-students must maintain a valid driver license and must comply 1788
2654-with the requirements of the school district's locally adopted 1789
2655-safe driver plan, which includes review of driving records for 1790
2656-disqualifying violations. 1791
2657- 4. The district school board or charter school must adopt 1792
2658-a policy that addresses procedures and liability for trips under 1793
2659-this paragraph, including a provision that school buses are to 1794
2660-be used whenever practical and specifying consequences for 1795
2661-violation of the policy. 1796
2662- Section 15. Subsection (3) is added to section 1006.27, 1797
2663-Florida Statutes, to read: 1798
2664- 1006.27 Pooling of school buses and related purchases by 1799
2665-district school boards; transportation services contracts. — 1800
2666-
2667-CS/HB 5101 2022
2668-
2669-
2670-
2671-CODING: Words stricken are deletions; words underlined are additions.
2672-hb5101-01-c1
2673-Page 73 of 90
2674-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2675-
2676-
2677-
2678- (3) The department shall develop a grant program to 1801
2679-improve access to reliable and safe transportation for students 1802
2680-who attend school through controlled open enrollment and to 1803
2681-support innovative solutions that increase the efficiency of 1804
2682-public school transportation. 1805
2683- (a) Grant proposals may include: 1806
2684- 1. Transportation resource planning and sharing among 1807
2685-school districts and local governments. 1808
2686- 2. Developing or contracting with rideshare programs or 1809
2687-developing carpool strategies. 1810
2688- 3. Developing options to reduce costs and increase 1811
2689-efficiencies while improving acc ess to transportation options 1812
2690-for families. 1813
2691- 4. Developing options to address personnel challenges. 1814
2692- 5. Expanding the use of transportation funds under ss. 1815
2693-1002.394, 1002.395, and 1011.68 to help cover the cost of 1816
2694-transporting students to and from school . 1817
2695- (b) The department shall publish on its website, by 1818
2696-December 31, 2023, an interim report and by December 31, 2024, a 1819
2697-final report that includes: 1820
2698- 1. The best practices used by grant recipients to increase 1821
2699-transportation options for students, includin g any 1822
2700-transportation barriers addressed by grant recipients. 1823
2701- 2. The number of students served by grant recipients 1824
2702-including the number of students transported to a school that is 1825
2703-
2704-CS/HB 5101 2022
2705-
2706-
2707-
2708-CODING: Words stricken are deletions; words underlined are additions.
2709-hb5101-01-c1
2710-Page 74 of 90
2711-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2712-
2713-
2714-
2715-different from the school to which the student is assigned. 1826
2716- Section 16. Paragraph (a) of subsection (3) of section 1827
2717-1010.20, Florida Statutes, is amended to read: 1828
2718- 1010.20 Cost accounting and reporting for school 1829
2719-districts.— 1830
2720- (3) PROGRAM EXPENDITURE REQUIREMENTS. — 1831
2721- (a) Each district shall expend at least the percent of the 1832
2722-funds generated by each of the programs listed in this section 1833
2723-on the aggregate total school costs for such programs: 1834
2724- 1. Kindergarten and grades 1, 2, and 3, 90 percent. 1835
2725- 2. Grades 4, 5, 6, 7, and 8, 80 percent. 1836
2726- 3. Grades 9, 10, 11, and 12, 80 percent. 1837
2727- 4. Programs for exceptional students, on an aggregate 1838
2728-program basis, 90 percent. 1839
2729- 5. Grades 7 through 12 career education programs, on an 1840
2730-aggregate program basis, 80 percent. 1841
2731- 6. Students-at-risk programs, on an aggregate program 1842
2732-basis, 80 percent. 1843
2733- 7. Juvenile justice programs, on an aggregate program 1844
2734-basis, 95 90 percent. 1845
2735- 8. Any new program established and funded under s. 1846
2736-1011.62(1)(c), that is not included under subparagraphs 1. -7., 1847
2737-on an aggregate basis as appropriate, 80 percent. 1848
2738- Section 17. Subsections (11) through (14) of section 1849
2739-1011.62, Florida Statutes, are renumbered as (10) through (13), 1850
2740-
2741-CS/HB 5101 2022
2742-
2743-
2744-
2745-CODING: Words stricken are deletions; words underlined are additions.
2746-hb5101-01-c1
2747-Page 75 of 90
2748-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2749-
2750-
2751-
2752-respectively, subsections (16) through (19) are renumbered as 1851
2753-subsections (14) through (17), respectively, and paragraph (s) 1852
2754-of subsection (1), paragraph (a) of subsection (4), paragraph 1853
2755-(b) of subsection (6), subsection (10), and present subsections 1854
2756-(12) and (15) of that section are amended, to read: 1855
2757- 1011.62 Funds for operation of schools. —If the annual 1856
2758-allocation from the Florida Education Finance Program to each 1857
2759-district for operation of schools is not determined in the 1858
2760-annual appropriations act or the substantive bill implementing 1859
2761-the annual appropriations act, it shall be determined as 1860
2762-follows: 1861
2763- (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1862
2764-OPERATION.—The following procedure shall be followed in 1863
2765-determining the annual allocation to each district for 1864
2766-operation: 1865
2767- (s) Determination of the basic amount for current 1866
2768-operation.—The basic amount for current operation to be included 1867
2769-in the Florida Education Finance Program for kindergarten 1868
2770-through grade 12 for each district shall be the product of the 1869
2771-following: 1870
2772- 1. The full-time equivalent student membership in each 1871
2773-program, multiplied by 1872
2774- 2. The cost factor for each program, adjusted for the 1873
2775-maximum as provided by paragraph (c), multiplied by 1874
2776- 3. The district cost differential, multiplied by 1875
2777-
2778-CS/HB 5101 2022
2779-
2780-
2781-
2782-CODING: Words stricken are deletions; words underlined are additions.
2783-hb5101-01-c1
2784-Page 76 of 90
2785-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2786-
2787-
2788-
2789- 4.3. The base student allocation. 1876
2790- (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT. —The 1877
2791-Legislature shall prescribe the aggregate required l ocal effort 1878
2792-for all school districts collectively as an item in the General 1879
2793-Appropriations Act for each fiscal year. The amount that each 1880
2794-district shall provide annually toward the cost of the Florida 1881
2795-Education Finance Program for kindergarten through grad e 12 1882
2796-programs shall be calculated as follows: 1883
2797- (a) Estimated taxable value calculations. — 1884
2798- 1.a. Not later than 2 working days before July 19, the 1885
2799-Department of Revenue shall certify to the Commissioner of 1886
2800-Education its most recent estimate of the taxable value for 1887
2801-school purposes in each school district and the total for all 1888
2802-school districts in the state for the current calendar year 1889
2803-based on the latest available data obtained from the local 1890
2804-property appraisers. The value certified shall be the taxable 1891
2805-value for school purposes for that year, and no further 1892
2806-adjustments shall be made, except those made pursuant to 1893
2807-paragraphs (c) and (d), or an assessment roll change required by 1894
2808-final judicial decisions as specified in paragraph (15)(b) 1895
2809-(17)(b). Not later than July 19, the Commissioner of Education 1896
2810-shall compute a millage rate, rounded to the next highest one 1897
2811-one-thousandth of a mill, which, when applied to 96 percent of 1898
2812-the estimated state total taxable value for school purposes, 1899
2813-would generate the prescribe d aggregate required local effort 1900
2814-
2815-CS/HB 5101 2022
2816-
2817-
2818-
2819-CODING: Words stricken are deletions; words underlined are additions.
2820-hb5101-01-c1
2821-Page 77 of 90
2822-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2823-
2824-
2825-
2826-for that year for all districts. The Commissioner of Education 1901
2827-shall certify to each district school board the millage rate, 1902
2828-computed as prescribed in this subparagraph, as the minimum 1903
2829-millage rate necessary to provide the district required local 1904
2830-effort for that year. 1905
2831- b. The General Appropriations Act shall direct the 1906
2832-computation of the statewide adjusted aggregate amount for 1907
2833-required local effort for all school districts collectively from 1908
2834-ad valorem taxes to ensure that no school district's revenue 1909
2835-from required local effort millage will produce more than 90 1910
2836-percent of the district's total Florida Education Finance 1911
2837-Program calculation as calculated and adopted by the 1912
2838-Legislature, and the adjustment of the required local e ffort 1913
2839-millage rate of each district that produces more than 90 percent 1914
2840-of its total Florida Education Finance Program entitlement to a 1915
2841-level that will produce only 90 percent of its total Florida 1916
2842-Education Finance Program entitlement in the July calculatio n. 1917
2843- 2. On the same date as the certification in sub -1918
2844-subparagraph 1.a., the Department of Revenue shall certify to 1919
2845-the Commissioner of Education for each district: 1920
2846- a. Each year for which the property appraiser has 1921
2847-certified the taxable value pursuant to s. 193.122(2) or (3), if 1922
2848-applicable, since the prior certification under sub -subparagraph 1923
2849-1.a. 1924
2850- b. For each year identified in sub -subparagraph a., the 1925
2851-
2852-CS/HB 5101 2022
2853-
2854-
2855-
2856-CODING: Words stricken are deletions; words underlined are additions.
2857-hb5101-01-c1
2858-Page 78 of 90
2859-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2860-
2861-
2862-
2863-taxable value certified by the appraiser pursuant to s. 1926
2864-193.122(2) or (3), if applicable, since the pri or certification 1927
2865-under sub-subparagraph 1.a. This is the certification that 1928
2866-reflects all final administrative actions of the value 1929
2867-adjustment board. 1930
2868- (6) CATEGORICAL FUNDS. — 1931
2869- (b) If a district school board finds and declares in a 1932
2870-resolution adopted at a regular meeting of the school board that 1933
2871-the funds received for any of the following categorical 1934
2872-appropriations are urgently needed to maintain school board 1935
2873-specified academic classroom instruction or improve school 1936
2874-safety, the school board may consider an d approve an amendment 1937
2875-to the school district operating budget transferring the 1938
2876-identified amount of the categorical funds to the appropriate 1939
2877-account for expenditure: 1940
2878- 1. Funds for student transportation. 1941
2879- 2. Funds for evidence -based reading instruction if the 1942
2880-required additional hour of instruction beyond the normal school 1943
2881-day for each day of the entire school year has been provided for 1944
2882-the students in each low -performing elementary school in the 1945
2883-district pursuant to paragraph (8)(a). 1946
2884- 3. Funds for instructional materials if all instructional 1947
2885-material purchases necessary to provide updated materials that 1948
2886-are aligned with applicable state standards and course 1949
2887-descriptions and that meet statutory requirements of content and 1950
2888-
2889-CS/HB 5101 2022
2890-
2891-
2892-
2893-CODING: Words stricken are deletions; words underlined are additions.
2894-hb5101-01-c1
2895-Page 79 of 90
2896-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2897-
2898-
2899-
2900-learning have been completed for that fiscal year, but no sooner 1951
2901-than March 1. Funds available after March 1 may be used to 1952
2902-purchase computers and device hardware for student instruction 1953
2903-that comply with the requirements of s. 1001.20(4)(a)1.b . 1954
2904- 4. Funds for the guaranteed allocation as provided in 1955
2905-subparagraph (1)(e)2. 1956
2906- 5. Funds for the supplemental academic instruction 1957
2907-allocation as provided in paragraph (1)(f). 1958
2908- 6. Funds for the Florida digital classrooms allocation as 1959
2909-provided in subsection (10). 1960
2910- 6.7. Funds for the federally connected student supplement 1961
2911-as provided in subsection (10) (11). 1962
2912- 7.8. Funds for class size reduction as provided in s. 1963
2913-1011.685. 1964
2914- (10) FLORIDA DIGITAL CLASSROOMS ALLOCATION. — 1965
2915- (a) The Florida digital classrooms allocation is created 1966
2916-to support the efforts of school districts and schools, 1967
2917-including charter schools, to integrate technology in classroom 1968
2918-teaching and learning to ensure students have access to high -1969
2919-quality electronic and digital instructional materials and 1970
2920-resources, and empower classroom teachers to help their students 1971
2921-succeed. Each school district shall receive a minimum digital 1972
2922-classrooms allocation in the amount provided in the General 1973
2923-Appropriations Act. The remaining balance of the digital 1974
2924-classrooms allocatio n shall be allocated based on each school 1975
2925-
2926-CS/HB 5101 2022
2927-
2928-
2929-
2930-CODING: Words stricken are deletions; words underlined are additions.
2931-hb5101-01-c1
2932-Page 80 of 90
2933-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2934-
2935-
2936-
2937-district's proportionate share of the state's total unweighted 1976
2938-full-time equivalent student enrollment. 1977
2939- (b) Funds allocated under this subsection must be used for 1978
2940-costs associated with: 1979
2941- 1. Acquiring and maintai ning the items on the eligible 1980
2942-services list authorized by the Universal Service Administrative 1981
2943-Company for the Schools and Libraries Program, more commonly 1982
2944-referred to as the federal E -rate program. 1983
2945- 2. Acquiring computer and device hardware and associat ed 1984
2946-operating system software that comply with the requirements of 1985
2947-s. 1001.20(4)(a)1.b. 1986
2948- 3. Providing professional development, including in -state 1987
2949-conference attendance or online coursework, to enhance the use 1988
2950-of technology for digital instructional strate gies. 1989
2951- (11)(12) QUALITY ASSURANCE GUARANTEE. —The Legislature may 1990
2952-annually in the General Appropriations Act determine a 1991
2953-percentage increase in funds per K -12 unweighted FTE as a 1992
2954-minimum guarantee to each school district. The guarantee shall 1993
2955-be calculated from prior year base funding per unweighted FTE 1994
2956-student which shall include the adjusted FTE dollars as provided 1995
2957-in subsection (15) (17), quality guarantee funds, and actual 1996
2958-nonvoted discretionary local effort from taxes. From the base 1997
2959-funding per unweight ed FTE, the increase shall be calculated for 1998
2960-the current year. The current year funds from which the 1999
2961-guarantee shall be determined shall include the adjusted FTE 2000
2962-
2963-CS/HB 5101 2022
2964-
2965-
2966-
2967-CODING: Words stricken are deletions; words underlined are additions.
2968-hb5101-01-c1
2969-Page 81 of 90
2970-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2971-
2972-
2973-
2974-dollars as provided in subsection (15) (17) and potential 2001
2975-nonvoted discretionary local effort from taxes. A comparison of 2002
2976-current year funds per unweighted FTE to prior year funds per 2003
2977-unweighted FTE shall be computed. For those school districts 2004
2978-which have less than the legislatively assigned percentage 2005
2979-increase, funds shall be provided to guarantee the assigned 2006
2980-percentage increase in funds per unweighted FTE student. Should 2007
2981-appropriated funds be less than the sum of this calculated 2008
2982-amount for all districts, the commissioner shall prorate each 2009
2983-district's allocation. This provision shall be implemente d to 2010
2984-the extent specifically funded. 2011
2985- (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION. —The 2012
2986-Legislature may provide an annual funding compression and hold 2013
2987-harmless allocation in the General Appropriations Act. The 2014
2988-allocation is created to provide add itional funding to school 2015
2989-districts if the school district's total funds per FTE in the 2016
2990-prior year were less than the statewide average or if the school 2017
2991-district's district cost differential in the current year is 2018
2992-less than the prior year. The total alloca tion shall be 2019
2993-distributed to eligible school districts as follows: 2020
2994- (a) Using the most recent prior year FEFP calculation for 2021
2995-each eligible school district, subtract the total school 2022
2996-district funds per FTE from the state average funds per FTE, not 2023
2997-including any adjustments made pursuant to paragraph (17)(b). 2024
2998-The resulting funds per FTE difference, or a portion thereof, as 2025
2999-
3000-CS/HB 5101 2022
3001-
3002-
3003-
3004-CODING: Words stricken are deletions; words underlined are additions.
3005-hb5101-01-c1
3006-Page 82 of 90
3007-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3008-
3009-
3010-
3011-designated in the General Appropriations Act, shall then be 2026
3012-multiplied by the school district's total unweighted FTE. 2027
3013- (b) Multiply the absolute value of the difference between 2028
3014-the eligible school district's current year district cost 2029
3015-differential and the prior year district cost differential by a 2030
3016-hold harmless factor as designated in the General Appropriations 2031
3017-Act. The result is the dist rict cost differential hold harmless 2032
3018-index. Multiply the index by the eligible school district's 2033
3019-weighted FTE and by the base student allocation as designated in 2034
3020-the General Appropriations Act. 2035
3021- (c) For each district, select the greater of the amounts 2036
3022-calculated in paragraphs (a) and (b) and upon summation, if the 2037
3023-total amount is greater than the amount included in the General 2038
3024-Appropriations Act, the allocation shall be prorated to the 2039
3025-appropriation amount based on each participating school 2040
3026-district's share. 2041
3027- 2042
3028-This subsection expires July 1, 2022. 2043
3029- Section 18. Subsection (5) of section 1011.68, Florida 2044
3030-Statutes, is amended to read: 2045
3031- 1011.68 Funds for student transportation. —The annual 2046
3032-allocation to each district for transportation to public school 2047
3033-programs, including charter schools as provided in s. 2048
3034-1002.33(17)(b), of students in membership in kindergarten 2049
3035-through grade 12 and in migrant and exceptional student programs 2050
3036-
3037-CS/HB 5101 2022
3038-
3039-
3040-
3041-CODING: Words stricken are deletions; words underlined are additions.
3042-hb5101-01-c1
3043-Page 83 of 90
3044-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3045-
3046-
3047-
3048-below kindergarten shall be determined as follows: 2051
3049- (5) Funds allocated or apport ioned for the payment of 2052
3050-student transportation services may be used to pay for 2053
3051-transportation of students to and from school on local general 2054
3052-purpose transportation systems. Student transportation funds may 2055
3053-also be used to pay for transportation of studen ts to and from 2056
3054-school in private passenger cars and boats when the 2057
3055-transportation on a school bus is impractical or when the 2058
3056-transportation is for isolated students , or students with 2059
3057-disabilities, or to support parents or carpools, as defined by 2060
3058-rule. Subject to the rules of the State Board of Education, each 2061
3059-school district shall determine and report the number of 2062
3060-assigned students using general purpose transportation private 2063
3061-passenger cars and boats. The allocation per student must be 2064
3062-equal to the allocat ion per student riding a school bus. 2065
3063- Section 19. Subsection (1) of section 1011.71, Florida 2066
3064-Statutes, is amended to read: 2067
3065- 1011.71 District school tax. — 2068
3066- (1) If the district school tax is not provided in the 2069
3067-General Appropriations Act or the substant ive bill implementing 2070
3068-the General Appropriations Act, each district school board 2071
3069-desiring to participate in the state allocation of funds for 2072
3070-current operation as prescribed by s. 1011.62(15) s. 1011.62(17) 2073
3071-shall levy on the taxable value for school purpos es of the 2074
3072-district, exclusive of millage voted under s. 9(b) or s. 12, 2075
3073-
3074-CS/HB 5101 2022
3075-
3076-
3077-
3078-CODING: Words stricken are deletions; words underlined are additions.
3079-hb5101-01-c1
3080-Page 84 of 90
3081-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3082-
3083-
3084-
3085-Art. VII of the State Constitution, a millage rate not to exceed 2076
3086-the amount certified by the commissioner as the minimum millage 2077
3087-rate necessary to provide the district required local ef fort for 2078
3088-the current year, pursuant to s. 1011.62(4)(a)1. In addition to 2079
3089-the required local effort millage levy, each district school 2080
3090-board may levy a nonvoted current operating discretionary 2081
3091-millage. The Legislature shall prescribe annually in the 2082
3092-appropriations act the maximum amount of millage a district may 2083
3093-levy. 2084
3094- Section 20. Paragraph (c) of subsection (1) of section 2085
3095-1012.22, Florida Statutes, is amended to read: 2086
3096- 1012.22 Public school personnel; powers and duties of the 2087
3097-district school board. —The district school board shall: 2088
3098- (1) Designate positions to be filled, prescribe 2089
3099-qualifications for those positions, and provide for the 2090
3100-appointment, compensation, promotion, suspension, and dismissal 2091
3101-of employees as follows, subject to the requirements of t his 2092
3102-chapter: 2093
3103- (c) Compensation and salary schedules. — 2094
3104- 1. Definitions.—As used in this paragraph: 2095
3105- a. "Adjustment" means an addition to the base salary 2096
3106-schedule that is not a bonus and becomes part of the employee's 2097
3107-permanent base salary and shall be co nsidered compensation under 2098
3108-s. 121.021(22). 2099
3109- b. "Grandfathered salary schedule" means the salary 2100
3110-
3111-CS/HB 5101 2022
3112-
3113-
3114-
3115-CODING: Words stricken are deletions; words underlined are additions.
3116-hb5101-01-c1
3117-Page 85 of 90
3118-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3119-
3120-
3121-
3122-schedule or schedules adopted by a district school board before 2101
3123-July 1, 2014, pursuant to subparagraph 4. 2102
3124- c. "Instructional personnel" means instructional personnel 2103
3125-as defined in s. 1012.01(2)(a) -(d), excluding substitute 2104
3126-teachers. 2105
3127- d. "Performance salary schedule" means the salary schedule 2106
3128-or schedules adopted by a district school board pursuant to 2107
3129-subparagraph 5. 2108
3130- e. "Salary schedule" means the schedule or schedules used 2109
3131-to provide the base salary for district school board personnel. 2110
3132- f. "School administrator" means a school administrator as 2111
3133-defined in s. 1012.01(3)(c). 2112
3134- g. "Supplement" means an annual addition to the base 2113
3135-salary for the term of the neg otiated supplement as long as the 2114
3136-employee continues his or her employment for the purpose of the 2115
3137-supplement. A supplement does not become part of the employee's 2116
3138-continuing base salary but shall be considered compensation 2117
3139-under s. 121.021(22). 2118
3140- 2. Cost-of-living adjustment.—A district school board may 2119
3141-provide a cost-of-living salary adjustment if the adjustment: 2120
3142- a. Does not discriminate among comparable classes of 2121
3143-employees based upon the salary schedule under which they are 2122
3144-compensated. 2123
3145- b. Does not exceed 50 percent of the annual adjustment 2124
3146-provided to instructional personnel rated as effective. 2125
3147-
3148-CS/HB 5101 2022
3149-
3150-
3151-
3152-CODING: Words stricken are deletions; words underlined are additions.
3153-hb5101-01-c1
3154-Page 86 of 90
3155-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3156-
3157-
3158-
3159- 3. Advanced degrees. —A district school board may not use 2126
3160-advanced degrees in setting a salary schedule for instructional 2127
3161-personnel or school administrators h ired on or after July 1, 2128
3162-2011, unless the advanced degree is held in the individual's 2129
3163-area of certification and is only a salary supplement. 2130
3164- 4. Grandfathered salary schedule. — 2131
3165- a. The district school board shall adopt a salary schedule 2132
3166-or salary schedules to be used as the basis for paying all 2133
3167-school employees hired before July 1, 2014. Instructional 2134
3168-personnel on annual contract as of July 1, 2014, shall be placed 2135
3169-on the performance salary schedule adopted under subparagraph 5. 2136
3170-Instructional personnel on continuing contract or professional 2137
3171-service contract may opt into the performance salary schedule if 2138
3172-the employee relinquishes such contract and agrees to be 2139
3173-employed on an annual contract under s. 1012.335. Such an 2140
3174-employee shall be placed on the perform ance salary schedule and 2141
3175-may not return to continuing contract or professional service 2142
3176-contract status. Any employee who opts into the performance 2143
3177-salary schedule may not return to the grandfathered salary 2144
3178-schedule. 2145
3179- b. In determining the grandfathered sa lary schedule for 2146
3180-instructional personnel, a district school board must base a 2147
3181-portion of each employee's compensation upon performance 2148
3182-demonstrated under s. 1012.34 and shall provide differentiated 2149
3183-pay for both instructional personnel and school administr ators 2150
3184-
3185-CS/HB 5101 2022
3186-
3187-
3188-
3189-CODING: Words stricken are deletions; words underlined are additions.
3190-hb5101-01-c1
3191-Page 87 of 90
3192-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3193-
3194-
3195-
3196-based upon district-determined factors, including, but not 2151
3197-limited to, additional responsibilities, school demographics, 2152
3198-critical shortage areas, and level of job performance 2153
3199-difficulties. 2154
3200- 5. Performance salary schedule. —By July 1, 2014, the 2155
3201-district school board shall adopt a performance salary schedule 2156
3202-that provides annual salary adjustments for instructional 2157
3203-personnel and school administrators based upon performance 2158
3204-determined under s. 1012.34. Employees hired on or after July 1, 2159
3205-2014, or employees who choose to move from the grandfathered 2160
3206-salary schedule to the performance salary schedule shall be 2161
3207-compensated pursuant to the performance salary schedule once 2162
3208-they have received the appropriate performance evaluation for 2163
3209-this purpose. 2164
3210- a. Base salary.—The base salary shall be established as 2165
3211-follows: 2166
3212- (I) The base salary for instructional personnel or school 2167
3213-administrators who opt into the performance salary schedule 2168
3214-shall be the salary paid in the prior year, including 2169
3215-adjustments only. 2170
3216- (II) Instructional personnel or school administrators new 2171
3217-to the district, returning to the district after a break in 2172
3218-service without an authorized leave of absence, or appointed for 2173
3219-the first time to a position in the district in the capacity of 2174
3220-instructional personnel or school administrator shall be placed 2175
3221-
3222-CS/HB 5101 2022
3223-
3224-
3225-
3226-CODING: Words stricken are deletions; words underlined are additions.
3227-hb5101-01-c1
3228-Page 88 of 90
3229-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3230-
3231-
3232-
3233-on the performance salary schedule. Beginning July 1, 2021, and 2176
3234-until such time as the minimum base salary as defined in s. 2177
3235-1011.62(14) s. 1011.62(16) equals or exceeds $47,500, the annual 2178
3236-increase to the minim um base salary shall not be less than 150 2179
3237-percent of the largest adjustment made to the salary of an 2180
3238-employee on the grandfathered salary schedule. Thereafter, the 2181
3239-annual increase to the minimum base salary shall not be less 2182
3240-than 75 percent of the largest adjustment for an employee on the 2183
3241-grandfathered salary schedule. 2184
3242- b. Salary adjustments. —Salary adjustments for highly 2185
3243-effective or effective performance shall be established as 2186
3244-follows: 2187
3245- (I) The annual salary adjustment under the performance 2188
3246-salary schedule for an employee rated as highly effective must 2189
3247-be at least 25 percent greater than the highest annual salary 2190
3248-adjustment available to an employee of the same classification 2191
3249-through any other salary schedule adopted by the district. 2192
3250- (II) The annual salary adjustment under the performance 2193
3251-salary schedule for an employee rated as effective must be equal 2194
3252-to at least 50 percent and no more than 75 percent of the annual 2195
3253-adjustment provided for a highly effective employee of the same 2196
3254-classification. 2197
3255- (III) A salary schedule shall not provide an annual salary 2198
3256-adjustment for an employee who receives a rating other than 2199
3257-highly effective or effective for the year. 2200
3258-
3259-CS/HB 5101 2022
3260-
3261-
3262-
3263-CODING: Words stricken are deletions; words underlined are additions.
3264-hb5101-01-c1
3265-Page 89 of 90
3266-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3267-
3268-
3269-
3270- c. Salary supplements. —In addition to the salary 2201
3271-adjustments, each district school board shall pr ovide for salary 2202
3272-supplements for activities that must include, but are not 2203
3273-limited to: 2204
3274- (I) Assignment to a Title I eligible school. 2205
3275- (II) Assignment to a school that earned a grade of "F" or 2206
3276-three consecutive grades of "D" pursuant to s. 1008.34 such th at 2207
3277-the supplement remains in force for at least 1 year following 2208
3278-improved performance in that school. 2209
3279- (III) Certification and teaching in critical teacher 2210
3280-shortage areas. Statewide critical teacher shortage areas shall 2211
3281-be identified by the State Board of Education under s. 1012.07. 2212
3282-However, the district school board may identify other areas of 2213
3283-critical shortage within the school district for purposes of 2214
3284-this sub-sub-subparagraph and may remove areas identified by the 2215
3285-state board which do not apply within the school district. 2216
3286- (IV) Assignment of additional academic responsibilities. 2217
3287- 2218
3288-If budget constraints in any given year limit a district school 2219
3289-board's ability to fully fund all adopted salary schedules, the 2220
3290-performance salary schedule shall not be reduce d on the basis of 2221
3291-total cost or the value of individual awards in a manner that is 2222
3292-proportionally greater than reductions to any other salary 2223
3293-schedules adopted by the district. 2224
3294- Section 21. Subsection (4) of section 1012.584, Florida 2225
3295-
3296-CS/HB 5101 2022
3297-
3298-
3299-
3300-CODING: Words stricken are deletions; words underlined are additions.
3301-hb5101-01-c1
3302-Page 90 of 90
3303-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3304-
3305-
3306-
3307-Statutes, is amended to read: 2226
3308- 1012.584 Continuing education and inservice training for 2227
3309-youth mental health awareness and assistance. — 2228
3310- (4) Each school district shall notify all school personnel 2229
3311-who have received training pursuant to this section of mental 2230
3312-health services that are available in the school district, and 2231
3313-the individual to contact if a student needs services. The term 2232
3314-"mental health services" includes, but is not limited to, 2233
3315-community mental health services, health care providers, and 2234
3316-services provided under ss. 1006.04 and 1011.62(13) 1011.62(14). 2235
3317- Section 22. This act shall take effect July 1, 2022. 2236
16+F.S.; deleting obsolete language; providing 3
17+requirements for the determination of capacity for 4
18+certain virtual schools; amending s. 1002.33, F.S.; 5
19+providing for a standard virtual charter contract and 6
20+standard virtual charter renewal contract; revising 7
21+charter requirements; requiring virtual charter 8
22+schools to comply with specified provisions; amending 9
23+s. 1002.37, F.S.; deleting the requirement for the 10
24+board of trustees of the Florida Virtual School to 11
25+establish criteria defining the elements of an 12
26+approved franchise; deleting requirements for how 13
27+school districts with an approved franchise report 14
28+students for funding; amending s. 1002.394, F.S.; 15
29+revising Department of Education duties under the 16
30+Family Empowerment Scholarship Program; revising 17
31+requirements for a specified calculation; revising 18
32+terminology; amending ss. 1002.395 and 1002.40, F.S.; 19
33+revising Department of Education duties under the 20
34+Florida Tax Credit Scholarship Program and the Hope 21
35+Scholarship Program, respectively; amending s. 22
36+1002.45, F.S.; revising and providing definitions; 23
37+authorizing students who reside in the school 24
38+district, rather than students enrolled in the school 25
39+
40+HB 5101 2022
41+
42+
43+
44+CODING: Words stricken are deletions; words underlined are additions.
45+hb5101-00
46+Page 2 of 76
47+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48+
49+
50+
51+district, to participate in school district virtual 26
52+instruction programs; deleting the purpose of 27
53+specified programs; requiring each virtual instruction 28
54+program, rather than full -time programs, to operate 29
55+under its own Master School Identification Number; 30
56+authorizing certain service organizations to execute 31
57+specified contractual arrangements; revising school 32
58+district responsibilities; requiring the State Board 33
59+of Education to approve certain virtual instruction 34
60+program providers; revising the requirements for 35
61+approval of a virtual instruction program provider; 36
62+providing additional requirements for school district 37
63+contracts with approved virtual instruction program 38
64+providers; revising the requirements for calculating 39
65+student funding for students enrolled in certain 40
66+virtual education programs; requiring approved virtual 41
67+instruction program providers to receive a district 42
68+grade; providing requirements for such grade; revising 43
69+requirements for the automatic termination of an 44
70+approve virtual instruction provider's contract; 45
71+requiring the State Board of Education to adopt rules 46
72+for a specified standard contract; amending s. 47
73+1002.455, F.S.; revising the virtual instruction 48
74+options available to certain students; requiring 49
75+school districts enrolling certain students in virtual 50
76+
77+HB 5101 2022
78+
79+
80+
81+CODING: Words stricken are deletions; words underlined are additions.
82+hb5101-00
83+Page 3 of 76
84+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85+
86+
87+
88+education programs to comply with specified enrollment 51
89+requirements; amending s. 1003.498, F.S.; providing 52
90+requirements for funding for certain virtual courses; 53
91+amending s. 1003.52, F.S.; revising requirements for 54
92+the funding of certain students in juvenile justice 55
93+education programs; amending s. 1006.12, F.S.; 56
94+conforming cross-references; amending s. 1010.20, 57
95+F.S.; revising the percentage of certain funds school 58
96+districts must spend on juvenile justice programs; 59
97+amending s. 1011.62, F.S.; revising the calculation 60
98+for the basic amount for current operation for 61
99+kindergarten through grade 12; authorizing certain 62
100+funds to be used to purchase certain computers and 63
101+device hardware; deleting the Florida digital 64
102+classrooms allocation; deleting the funding 65
103+compression and hold harmless allocation; amending ss. 66
104+1011.71, 1012.22, and 1012.584, F.S.; conforming 67
105+cross-references; providing an effective date. 68
106+ 69
107+Be It Enacted by the Legislature of the State of Florida: 70
108+ 71
109+ Section 1. Paragraphs (a) and (b) of subsection (2) of 72
110+section 1002.31, Florida Statutes, are amended to re ad: 73
111+ 1002.31 Controlled open enrollment; Public school parental 74
112+choice.— 75
113+
114+HB 5101 2022
115+
116+
117+
118+CODING: Words stricken are deletions; words underlined are additions.
119+hb5101-00
120+Page 4 of 76
121+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122+
123+
124+
125+ (2)(a) Beginning by the 2017 -2018 school year, As part of 76
126+a school district's or charter school's controlled open 77
127+enrollment process, and in addition to the existing public 78
128+school choice programs provided in s. 1002.20(6)(a), each 79
129+district school board or charter school shall allow a parent 80
130+from any school district in the state whose child is not subject 81
131+to a current expulsion or suspension to enroll his or her child 82
132+in and transport his or her child to any public school, 83
133+including charter schools, that has not reached capacity in the 84
134+district, subject to the maximum class size pursuant to s. 85
135+1003.03 and s. 1, Art. IX of the State Constitution. The school 86
136+district or charter school s hall accept the student, pursuant to 87
137+that school district's or charter school's controlled open 88
138+enrollment process, and report the student for purposes of the 89
139+school district's or charter school's funding pursuant to the 90
140+Florida Education Finance Program. A school district or charter 91
141+school may provide transportation to students described under 92
142+this section. 93
143+ (b) Each school district and charter school capacity 94
144+determinations for its schools must be current and must be 95
145+identified on the school district and charter school's websites. 96
146+In determining the capacity of each district school, the 97
147+district school board shall incorporate the specifications, 98
148+plans, elements, and commitments contained in the school 99
149+district educational facilities plan and the long -term work 100
150+
151+HB 5101 2022
152+
153+
154+
155+CODING: Words stricken are deletions; words underlined are additions.
156+hb5101-00
157+Page 5 of 76
158+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159+
160+
161+
162+programs required under s. 1013.35. Each charter school 101
163+governing board shall determine capacity based upon its charter 102
164+school contract. Each virtual charter school and each school 103
165+district with a contract with an approved virtual instruction 104
166+program provider shall determine capacity based upon the 105
167+enrollment requirements established under s. 1002.45(1)(e)4. 106
168+ Section 2. Subsections (1) and (7), paragraph (a) of 107
169+subsection (10), paragraphs (b) and (f) of subsection (17), and 108
170+paragraph (a) of subsec tion (21) of section 1002.33, Florida 109
171+Statutes, are amended to read: 110
172+ 1002.33 Charter schools. — 111
173+ (1) AUTHORIZATION.—All charter schools in Florida are 112
174+public schools and shall be part of the state's program of 113
175+public education. A charter school may be fo rmed by creating a 114
176+new school or converting an existing public school to charter 115
177+status. A charter school may operate a virtual charter school 116
178+pursuant to s. 1002.45(1)(d) to provide online instruction to 117
179+students, pursuant to s. 1002.455, in kindergarten through grade 118
180+12. The school district in which the student enrolls in the 119
181+virtual charter school shall report the student for funding 120
182+pursuant to s. 1011.61(1)(c)1.b.(VI), and the home school 121
183+district shall not report the student for funding. An existing 122
184+charter school that is seeking to become a virtual charter 123
185+school must amend its charter or submit a new application 124
186+pursuant to subsection (6) to become a virtual charter school. A 125
187+
188+HB 5101 2022
189+
190+
191+
192+CODING: Words stricken are deletions; words underlined are additions.
193+hb5101-00
194+Page 6 of 76
195+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196+
197+
198+
199+virtual charter school is subject to the requirements of this 126
200+section; however, a virtual charter school is exempt from 127
201+subparagraph (7)(a)13., subsections (18) and (19), paragraph 128
202+(20)(c), and s. 1003.03. A public school may not use the term 129
203+charter in its name unless it has been approved under this 130
204+section. 131
205+ (7) CHARTER.—The terms and conditions for the operation of 132
206+a charter school, including a virtual charter school, shall be 133
207+set forth by the sponsor and the applicant in a written 134
208+contractual agreement, called a charter. The sponsor and the 135
209+governing board of the charter scho ol or virtual charter school 136
210+shall use the standard charter contract or standard virtual 137
211+charter contract, respectively, pursuant to subsection (21), 138
212+which shall incorporate the approved application and any addenda 139
213+approved with the application. Any term o r condition of a 140
214+proposed charter contract or proposed virtual charter contract 141
215+that differs from the standard charter or virtual charter 142
216+contract adopted by rule of the State Board of Education shall 143
217+be presumed a limitation on charter school flexibility. The 144
218+sponsor may not impose unreasonable rules or regulations that 145
219+violate the intent of giving charter schools greater flexibility 146
220+to meet educational goals. The charter shall be signed by the 147
221+governing board of the charter school and the sponsor, followi ng 148
222+a public hearing to ensure community input. 149
223+ (a) The charter shall address and criteria for approval of 150
224+
225+HB 5101 2022
226+
227+
228+
229+CODING: Words stricken are deletions; words underlined are additions.
230+hb5101-00
231+Page 7 of 76
232+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233+
234+
235+
236+the charter shall be based on: 151
237+ 1. The school's mission, the types of students to be 152
238+served, and, for a virtual charter school, the types of studen ts 153
239+the school intends to serve who reside outside of the sponsoring 154
240+school district, and the ages and grades to be included. 155
241+ 2. The focus of the curriculum, the instructional methods 156
242+to be used, any distinctive instructional techniques to be 157
243+employed, and identification and acquisition of appropriate 158
244+technologies needed to improve educational and administrative 159
245+performance which include a means for promoting safe, ethical, 160
246+and appropriate uses of technology which comply with legal and 161
247+professional standar ds. 162
248+ a. The charter shall ensure that reading is a primary 163
249+focus of the curriculum and that resources are provided to 164
250+identify and provide specialized instruction for students who 165
251+are reading below grade level. The curriculum and instructional 166
252+strategies for reading must be consistent with the Next 167
253+Generation Sunshine State Standards and grounded in 168
254+scientifically based reading research. 169
255+ b. In order to provide students with access to diverse 170
256+instructional delivery models, to facilitate the integration of 171
257+technology within traditional classroom instruction, and to 172
258+provide students with the skills they need to compete in the 173
259+21st century economy, the Legislature encourages instructional 174
260+methods for blended learning courses consisting of both 175
261+
262+HB 5101 2022
263+
264+
265+
266+CODING: Words stricken are deletions; words underlined are additions.
267+hb5101-00
268+Page 8 of 76
269+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270+
271+
272+
273+traditional classroom and online instructional techniques. 176
274+Charter schools may implement blended learning courses which 177
275+combine traditional classroom instruction and virtual 178
276+instruction. Students in a blended learning course must be full -179
277+time students of the charter scho ol pursuant to s. 180
278+1011.61(1)(a)1. Instructional personnel certified pursuant to s. 181
279+1012.55 who provide virtual instruction for blended learning 182
280+courses may be employees of the charter school or may be under 183
281+contract to provide instructional services to cha rter school 184
282+students. At a minimum, such instructional personnel must hold 185
283+an active state or school district adjunct certification under 186
284+s. 1012.57 for the subject area of the blended learning course. 187
285+The funding and performance accountability requirement s for 188
286+blended learning courses are the same as those for traditional 189
287+courses. 190
288+ 3. The current incoming baseline standard of student 191
289+academic achievement, the outcomes to be achieved, and the 192
290+method of measurement that will be used. The criteria listed in 193
291+this subparagraph shall include a detailed description of: 194
292+ a. How the baseline student academic achievement levels 195
293+and prior rates of academic progress will be established. 196
294+ b. How these baseline rates will be compared to rates of 197
295+academic progress achi eved by these same students while 198
296+attending the charter school. 199
297+ c. To the extent possible, how these rates of progress 200
298+
299+HB 5101 2022
300+
301+
302+
303+CODING: Words stricken are deletions; words underlined are additions.
304+hb5101-00
305+Page 9 of 76
306+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307+
308+
309+
310+will be evaluated and compared with rates of progress of other 201
311+closely comparable student populations. 202
312+ 203
313+A district school board is requ ired to provide academic student 204
314+performance data to charter schools for each of their students 205
315+coming from the district school system, as well as rates of 206
316+academic progress of comparable student populations in the 207
317+district school system. 208
318+ 4. The methods used to identify the educational strengths 209
319+and needs of students and how well educational goals and 210
320+performance standards are met by students attending the charter 211
321+school. The methods shall provide a means for the charter school 212
322+to ensure accountability to its constituents by analyzing 213
323+student performance data and by evaluating the effectiveness and 214
324+efficiency of its major educational programs. Students in 215
325+charter schools shall, at a minimum, participate in the 216
326+statewide assessment program created under s. 1008.22. 217
327+ 5. In secondary charter schools, a method for determining 218
328+that a student has satisfied the requirements for graduation in 219
329+s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 220
330+ 6. A method for resolving conflicts between the governing 221
331+board of the charter school and the sponsor. 222
332+ 7. The admissions procedures and dismissal procedures, 223
333+including the school's code of student conduct. Admission or 224
334+dismissal must not be based on a student's academic performance. 225
335+
336+HB 5101 2022
337+
338+
339+
340+CODING: Words stricken are deletions; words underlined are additions.
341+hb5101-00
342+Page 10 of 76
343+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344+
345+
346+
347+ 8. The ways by which the school will achi eve a 226
348+racial/ethnic balance reflective of the community it serves or 227
349+within the racial/ethnic range of other nearby public schools or 228
350+school districts. 229
351+ 9. The financial and administrative management of the 230
352+school, including a reasonable demonstration of the professional 231
353+experience or competence of those individuals or organizations 232
354+applying to operate the charter school or those hired or 233
355+retained to perform such professional services and the 234
356+description of clearly delineated responsibilities and the 235
357+policies and practices needed to effectively manage the charter 236
358+school. A description of internal audit procedures and 237
359+establishment of controls to ensure that financial resources are 238
360+properly managed must be included. Both public sector and 239
361+private sector professional experience shall be equally valid in 240
362+such a consideration. 241
363+ 10. The asset and liability projections required in the 242
364+application which are incorporated into the charter and shall be 243
365+compared with information provided in the annual report of the 244
366+charter school. 245
367+ 11. A description of procedures that identify various 246
368+risks and provide for a comprehensive approach to reduce the 247
369+impact of losses; plans to ensure the safety and security of 248
370+students and staff; plans to identify, minimize, and protect 249
371+others from violent or disruptive student behavior; and the 250
372+
373+HB 5101 2022
374+
375+
376+
377+CODING: Words stricken are deletions; words underlined are additions.
378+hb5101-00
379+Page 11 of 76
380+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381+
382+
383+
384+manner in which the school will be insured, including whether or 251
385+not the school will be required to have liability insurance, 252
386+and, if so, the terms and conditions thereof and the amounts of 253
387+coverage. 254
388+ 12. The term of the charter which shall provide for 255
389+cancellation of the charter if insufficient progress has been 256
390+made in attaining the student achievement objectives of the 257
391+charter and if it is not likely that such objectives can be 258
392+achieved before expiration of the charter. The initial term of a 259
393+charter shall be for 5 years, excluding 2 planning years. In 260
394+order to facilitate access to long -term financial resources for 261
395+charter school construction, charter schools that are operated 262
396+by a municipality or o ther public entity as provided by law are 263
397+eligible for up to a 15 -year charter, subject to approval by the 264
398+sponsor. A charter lab school is eligible for a charter for a 265
399+term of up to 15 years. In addition, to facilitate access to 266
400+long-term financial resour ces for charter school construction, 267
401+charter schools that are operated by a private, not -for-profit, 268
402+s. 501(c)(3) status corporation are eligible for up to a 15 -year 269
403+charter, subject to approval by the sponsor. Such long -term 270
404+charters remain subject to ann ual review and may be terminated 271
405+during the term of the charter, but only according to the 272
406+provisions set forth in subsection (8). 273
407+ 13. The facilities to be used and their location. The 274
408+sponsor may not require a charter school to have a certificate 275
409+
410+HB 5101 2022
411+
412+
413+
414+CODING: Words stricken are deletions; words underlined are additions.
415+hb5101-00
416+Page 12 of 76
417+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418+
419+
420+
421+of occupancy or a temporary certificate of occupancy for such a 276
422+facility earlier than 15 calendar days before the first day of 277
423+school. 278
424+ 14. The qualifications to be required of the teachers and 279
425+the potential strategies used to recruit, hire, train, and 280
426+retain qualified staff to achieve best value. 281
427+ 15. The governance structure of the school, including the 282
428+status of the charter school as a public or private employer as 283
429+required in paragraph (12)(i). 284
430+ 16. A timetable for implementing the charter which 285
431+addresses the implementation of each element thereof and the 286
432+date by which the charter shall be awarded in order to meet this 287
433+timetable. 288
434+ 17. In the case of an existing public school that is being 289
435+converted to charter status, alternative arrangements for 290
436+current students who choose not to attend the charter school and 291
437+for current teachers who choose not to teach in the charter 292
438+school after conversion in accordance with the existing 293
439+collective bargaining agreement or district school board rule in 294
440+the absence of a col lective bargaining agreement. However, 295
441+alternative arrangements shall not be required for current 296
442+teachers who choose not to teach in a charter lab school, except 297
443+as authorized by the employment policies of the state university 298
444+which grants the charter to the lab school. 299
445+ 18. Full disclosure of the identity of all relatives 300
446+
447+HB 5101 2022
448+
449+
450+
451+CODING: Words stricken are deletions; words underlined are additions.
452+hb5101-00
453+Page 13 of 76
454+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455+
456+
457+
458+employed by the charter school who are related to the charter 301
459+school owner, president, chairperson of the governing board of 302
460+directors, superintendent, governing board member, principal , 303
461+assistant principal, or any other person employed by the charter 304
462+school who has equivalent decisionmaking authority. For the 305
463+purpose of this subparagraph, the term "relative" means father, 306
464+mother, son, daughter, brother, sister, uncle, aunt, first 307
465+cousin, nephew, niece, husband, wife, father -in-law, mother-in-308
466+law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 309
467+stepfather, stepmother, stepson, stepdaughter, stepbrother, 310
468+stepsister, half brother, or half sister. 311
469+ 19. Implementation of the acti vities authorized under s. 312
470+1002.331 by the charter school when it satisfies the eligibility 313
471+requirements for a high -performing charter school. A high -314
472+performing charter school shall notify its sponsor in writing by 315
473+March 1 if it intends to increase enrollm ent or expand grade 316
474+levels the following school year. The written notice shall 317
475+specify the amount of the enrollment increase and the grade 318
476+levels that will be added, as applicable. 319
477+ (b) The sponsor has 30 days after approval of the 320
478+application to provide an initial proposed charter contract to 321
479+the charter school. The applicant and the sponsor have 40 days 322
480+thereafter to negotiate and notice the charter contract for 323
481+final approval by the sponsor unless both parties agree to an 324
482+extension. The proposed charter contract shall be provided to 325
483+
484+HB 5101 2022
485+
486+
487+
488+CODING: Words stricken are deletions; words underlined are additions.
489+hb5101-00
490+Page 14 of 76
491+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492+
493+
494+
495+the charter school at least 7 calendar days before the date of 326
496+the meeting at which the charter is scheduled to be voted upon 327
497+by the sponsor. The Department of Education shall provide 328
498+mediation services for any dispute regard ing this section 329
499+subsequent to the approval of a charter application and for any 330
500+dispute relating to the approved charter, except a dispute 331
501+regarding a charter school application denial. If either the 332
502+charter school or the sponsor indicates in writing that the 333
503+party does not desire to settle any dispute arising under this 334
504+section through mediation procedures offered by the Department 335
505+of Education, a charter school may immediately appeal any formal 336
506+or informal decision by the sponsor to an administrative law 337
507+judge appointed by the Division of Administrative Hearings. If 338
508+the Commissioner of Education determines that the dispute cannot 339
509+be settled through mediation, the dispute may also be appealed 340
510+to an administrative law judge appointed by the Division of 341
511+Administrative Hearings. The administrative law judge has final 342
512+order authority to rule on issues of equitable treatment of the 343
513+charter school as a public school, whether proposed provisions 344
514+of the charter violate the intended flexibility granted charter 345
515+schools by statute, or any other matter regarding this section, 346
516+except a dispute regarding charter school application denial, a 347
517+charter termination, or a charter nonrenewal. The administrative 348
518+law judge shall award the prevailing party reasonable attorney 349
519+fees and costs incurred during the mediation process, 350
520+
521+HB 5101 2022
522+
523+
524+
525+CODING: Words stricken are deletions; words underlined are additions.
526+hb5101-00
527+Page 15 of 76
528+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529+
530+
531+
532+administrative proceeding, and any appeals, to be paid by the 351
533+party against whom the administrative law judge rules. 352
534+ (c)1. A charter may be renewed provided that a program 353
535+review demonstrates that the crit eria in paragraph (a) have been 354
536+successfully accomplished and that none of the grounds for 355
537+nonrenewal established by paragraph (8)(a) has been documented. 356
538+In order to facilitate long -term financing for charter school 357
539+construction, charter schools operating for a minimum of 3 years 358
540+and demonstrating exemplary academic programming and fiscal 359
541+management are eligible for a 15 -year charter renewal. Such 360
542+long-term charter is subject to annual review and may be 361
543+terminated during the term of the charter. 362
544+ 2. The 15-year charter renewal that may be granted 363
545+pursuant to subparagraph 1. shall be granted to a charter school 364
546+that has received a school grade of "A" or "B" pursuant to s. 365
547+1008.34 in 3 of the past 4 years and is not in a state of 366
548+financial emergency or defic it position as defined by this 367
549+section. Such long-term charter is subject to annual review and 368
550+may be terminated during the term of the charter pursuant to 369
551+subsection (8). 370
552+ (d) A charter may be modified during its initial term or 371
553+any renewal term upon the recommendation of the sponsor or the 372
554+charter school's governing board and the approval of both 373
555+parties to the agreement. Changes to curriculum which are 374
556+consistent with state standards shall be deemed approved unless 375
557+
558+HB 5101 2022
559+
560+
561+
562+CODING: Words stricken are deletions; words underlined are additions.
563+hb5101-00
564+Page 16 of 76
565+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566+
567+
568+
569+the sponsor and the Department of Educ ation determine in writing 376
570+that the curriculum is inconsistent with state standards. 377
571+Modification during any term may include, but is not limited to, 378
572+consolidation of multiple charters into a single charter if the 379
573+charters are operated under the same gover ning board, regardless 380
574+of the renewal cycle. A charter school that is not subject to a 381
575+school improvement plan and that closes as part of a 382
576+consolidation shall be reported by the sponsor as a 383
577+consolidation. 384
578+ (e) A charter may be terminated by a charter sc hool's 385
579+governing board through voluntary closure. The decision to cease 386
580+operations must be determined at a public meeting. The governing 387
581+board shall notify the parents and sponsor of the public meeting 388
582+in writing before the public meeting. The governing bo ard must 389
583+notify the sponsor, parents of enrolled students, and the 390
584+department in writing within 24 hours after the public meeting 391
585+of its determination. The notice shall state the charter 392
586+school's intent to continue operations or the reason for the 393
587+closure and acknowledge that the governing board agrees to 394
588+follow the procedures for dissolution and reversion of public 395
589+funds pursuant to paragraphs (8)(d) -(f) and (9)(o). 396
590+ (f) A charter may include a provision requiring the 397
591+charter school to be held responsible for all costs associated 398
592+with, but not limited to, mediation, damages, and attorney fees 399
593+incurred by the district in connection with complaints to the 400
594+
595+HB 5101 2022
596+
597+
598+
599+CODING: Words stricken are deletions; words underlined are additions.
600+hb5101-00
601+Page 17 of 76
602+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603+
604+
605+
606+Office of Civil Rights or the Equal Employment Opportunity 401
607+Commission. 402
608+ (10) ELIGIBLE STUDENTS. — 403
609+ (a)1. A charter school may be exempt from the requirements 404
610+of s. 1002.31 if the school is open to any student covered in an 405
611+interdistrict agreement and any student residi ng in the school 406
612+district in which the charter school is located. 407
613+ 2. A virtual charter school when enrolling students shall 408
614+comply with the applicable requirements of s. 1002.31 and with 409
615+the enrollment requirements established under s. 1002.45(1)(e)4. 410
616+ 3. A However, in the case of a charter lab school, the 411
617+charter lab school shall be open to any student eligible to 412
618+attend the lab school as provided in s. 1002.32 or who resides 413
619+in the school district in which the charter lab school is 414
620+located. 415
621+ 4. Any eligible student shall be allowed interdistrict 416
622+transfer to attend a charter school when based on good cause. 417
623+Good cause shall include, but is not limited to, geographic 418
624+proximity to a charter school in a neighboring school district. 419
625+ (17) FUNDING.—Students enrolled in a charter school, 420
626+regardless of the sponsorship, shall be funded as if they are in 421
627+a basic program or a special program, the same as students 422
628+enrolled in other public schools in a school district. Funding 423
629+for a charter lab school shall be as provided in s. 1002.32. 424
630+ (b)1. The basis for the agreement for funding students 425
631+
632+HB 5101 2022
633+
634+
635+
636+CODING: Words stricken are deletions; words underlined are additions.
637+hb5101-00
638+Page 18 of 76
639+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640+
641+
642+
643+enrolled in a charter school shall be the sum of the school 426
644+district's operating funds from the Florida Education Finance 427
645+Program as provided in s. 1011.62 and the General Ap propriations 428
646+Act, including gross state and local funds, discretionary 429
647+lottery funds, and funds from the school district's current 430
648+operating discretionary millage levy; divided by total funded 431
649+weighted full-time equivalent students in the school district; 432
650+and multiplied by the weighted full -time equivalent students for 433
651+the charter school. Charter schools whose students or programs 434
652+meet the eligibility criteria in law are entitled to their 435
653+proportionate share of categorical program funds included in the 436
654+total funds available in the Florida Education Finance Program 437
655+by the Legislature, including transportation, and the evidence-438
656+based reading allocation , and the Florida digital classrooms 439
657+allocation. Total funding for each charter school shall be 440
658+recalculated during the year to reflect the revised calculations 441
659+under the Florida Education Finance Program by the state and the 442
660+actual weighted full -time equivalent students reported by the 443
661+charter school during the full -time equivalent student survey 444
662+periods designated by the Commissioner of Education. For charter 445
663+schools operated by a not -for-profit or municipal entity, any 446
664+unrestricted current and capital assets identified in the 447
665+charter school's annual financial audit may be used for other 448
666+charter schools operated by the not-for-profit or municipal 449
667+entity within the school district. Unrestricted current assets 450
668+
669+HB 5101 2022
670+
671+
672+
673+CODING: Words stricken are deletions; words underlined are additions.
674+hb5101-00
675+Page 19 of 76
676+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677+
678+
679+
680+shall be used in accordance with s. 1011.62, and any 451
681+unrestricted capital assets shall be used in accordance with s. 452
682+1013.62(2). 453
683+ 2.a. Students enrolled in a charter school sponsored by a 454
684+state university or Florida College System institution pursuant 455
685+to paragraph (5)(a) shall be funded as if they are in a basic 456
686+program or a special program in the school district. The basis 457
687+for funding these students is the su m of the total operating 458
688+funds from the Florida Education Finance Program for the school 459
689+district in which the school is located as provided in s. 460
690+1011.62 and the General Appropriations Act, including gross 461
691+state and local funds, discretionary lottery fund s, and funds 462
692+from each school district's current operating discretionary 463
693+millage levy, divided by total funded weighted full -time 464
694+equivalent students in the district, and multiplied by the full -465
695+time equivalent membership of the charter school. The Departme nt 466
696+of Education shall develop a tool that each state university or 467
697+Florida College System institution sponsoring a charter school 468
698+shall use for purposes of calculating the funding amount for 469
699+each eligible charter school student. The total amount obtained 470
700+from the calculation must be appropriated from state funds in 471
701+the General Appropriations Act to the charter school. 472
702+ b. Capital outlay funding for a charter school sponsored 473
703+by a state university or Florida College System institution 474
704+pursuant to paragraph (5)(a) is determined pursuant to s. 475
705+
706+HB 5101 2022
707+
708+
709+
710+CODING: Words stricken are deletions; words underlined are additions.
711+hb5101-00
712+Page 20 of 76
713+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714+
715+
716+
717+1013.62 and the General Appropriations Act. 476
718+ (f) Funding for a virtual charter school shall be as 477
719+provided in s. 1002.45(6) s. 1002.45(7). 478
720+ (21) PUBLIC INFORMATION ON CHARTER SCHOOLS. — 479
721+ (a) The Department of Education shall provide information 480
722+to the public, directly and through sponsors, on how to form and 481
723+operate a charter school and how to enroll in a charter school 482
724+once it is created. This information shall include the standard 483
725+application form, standard charter and virtual charter contracts 484
726+contract, standard evaluation instrument, and standard charter 485
727+and virtual charter renewal contracts contract, which shall 486
728+include the information specified in subsection (7) and shall be 487
729+developed by consulting and negotiating with both sponsors and 488
730+charter schools before implementation. The charter and virtual 489
731+charter contracts and charter renewal and virtual charter 490
732+contracts shall be used by charter school sponsors. 491
733+ Section 3. Paragraph (i) of subsection (2) and subsectio n 492
734+(4) of section 1002.37, Florida Statutes, are amended to read: 493
735+ 1002.37 The Florida Virtual School. — 494
736+ (2) The Florida Virtual School shall be governed by a 495
737+board of trustees comprised of seven members appointed by the 496
738+Governor to 4-year staggered terms . The board of trustees shall 497
739+be a public agency entitled to sovereign immunity pursuant to s. 498
740+768.28, and board members shall be public officers who shall 499
741+bear fiduciary responsibility for the Florida Virtual School. 500
742+
743+HB 5101 2022
744+
745+
746+
747+CODING: Words stricken are deletions; words underlined are additions.
748+hb5101-00
749+Page 21 of 76
750+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751+
752+
753+
754+The board of trustees shall have the f ollowing powers and 501
755+duties: 502
756+ (i) The board of trustees shall establish criteria 503
757+defining the elements of an approved franchise. The board of 504
758+trustees may enter into franchise agreements with Florida 505
759+district school boards and may establish the terms and 506
760+conditions governing such agreements. The board of trustees 507
761+shall establish the performance and accountability measures and 508
762+report the performance of each school district franchise to the 509
763+Commissioner of Education. 510
764+ 511
765+The Governor shall designate the initial chair of the board of 512
766+trustees to serve a term of 4 years. Members of the board of 513
767+trustees shall serve without compensation, but may be reimbursed 514
768+for per diem and travel expenses pursuant to s. 112.061. The 515
769+board of trustees shall be a body corporate wit h all the powers 516
770+of a body corporate and such authority as is needed for the 517
771+proper operation and improvement of the Florida Virtual School. 518
772+The board of trustees is specifically authorized to adopt rules, 519
773+policies, and procedures, consistent with law and rules of the 520
774+State Board of Education related to governance, personnel, 521
775+budget and finance, administration, programs, curriculum and 522
776+instruction, travel and purchasing, technology, students, 523
777+contracts and grants, and property as necessary for optimal, 524
778+efficient operation of the Florida Virtual School. Tangible 525
779+
780+HB 5101 2022
781+
782+
783+
784+CODING: Words stricken are deletions; words underlined are additions.
785+hb5101-00
786+Page 22 of 76
787+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788+
789+
790+
791+personal property owned by the board of trustees shall be 526
792+subject to the provisions of chapter 273. 527
793+ (4) School districts operating a virtual school that is an 528
794+approved franchise of the Florida Virtu al School may count full -529
795+time equivalent students, as provided in paragraph (3)(a), if 530
796+such school has been certified as an approved franchise by the 531
797+Commissioner of Education based on criteria established by the 532
798+board of trustees pursuant to paragraph (2) (i). 533
799+ Section 4. Paragraph (a) of subsection (8) and subsection 534
800+(12) of section 1002.394, Florida Statutes, are amended to read: 535
801+ 1002.394 The Family Empowerment Scholarship Program. — 536
802+ (8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 537
803+ (a) The department sha ll: 538
804+ 1. Publish and update, as necessary, information on the 539
805+department website about the Family Empowerment Scholarship 540
806+Program, including, but not limited to, student eligibility 541
807+criteria, parental responsibilities, and relevant data. 542
808+ 2. Cross-check before each distribution of funds the list 543
809+of participating scholarship students with the public school 544
810+enrollment lists before each scholarship payment to avoid 545
811+duplication. 546
812+ 3. Maintain and publish a list of nationally norm -547
813+referenced tests identified fo r purposes of satisfying the 548
814+testing requirement in subparagraph (9)(c)1. The tests must meet 549
815+industry standards of quality in accordance with state board 550
816+
817+HB 5101 2022
818+
819+
820+
821+CODING: Words stricken are deletions; words underlined are additions.
822+hb5101-00
823+Page 23 of 76
824+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825+
826+
827+
828+rule. 551
829+ 4. Notify eligible nonprofit scholarship -funding 552
830+organizations of the deadlines for submittin g the verified list 553
831+of students determined to be eligible for a scholarship. 554
832+ 5. Notify each school district of a parent's participation 555
833+in the scholarship program for purposes of paragraph (7)(f). 556
834+ 6. Deny or terminate program participation upon a parent's 557
835+failure to comply with subsection (10). 558
836+ 7. Notify the parent and the organization when a 559
837+scholarship account is closed and program funds revert to the 560
838+state. 561
839+ 8. Notify an eligible nonprofit scholarship -funding 562
840+organization of any of the organi zation's or other 563
841+organization's identified students who are receiving 564
842+scholarships under this chapter. 565
843+ 9. Maintain on its website a list of approved providers as 566
844+required by s. 1002.66, eligible postsecondary educational 567
845+institutions, eligible private s chools, and eligible 568
846+organizations and may identify or provide links to lists of 569
847+other approved providers. 570
848+ 10. Require each organization to verify eligible 571
849+expenditures before the distribution of funds for any 572
850+expenditures made pursuant to subparagraphs (4)(b)1. and 2. 573
851+Review of expenditures made for services specified in 574
852+subparagraphs (4)(b)3. -15. may be completed after the purchase 575
853+
854+HB 5101 2022
855+
856+
857+
858+CODING: Words stricken are deletions; words underlined are additions.
859+hb5101-00
860+Page 24 of 76
861+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862+
863+
864+
865+is made. 576
866+ 11. Investigate any written complaint of a violation of 577
867+this section by a parent, a student, a private school, a public 578
868+school, a school district, an organization, a provider, or 579
869+another appropriate party in accordance with the process 580
870+established under s. 1002.421. 581
871+ 12. Require quarterly reports by an organization, which 582
872+must include, at a minimum, the number of s tudents participating 583
873+in the program; the demographics of program participants; the 584
874+disability category of program participants; the matrix level of 585
875+services, if known; the program award amount per student; the 586
876+total expenditures for the purposes specified in paragraph 587
877+(4)(b); the types of providers of services to students; and any 588
878+other information deemed necessary by the department. 589
879+ 13. Notify eligible nonprofit scholarship funding 590
880+organizations that scholarships may not be awarded in a school 591
881+district in which the award will exceed 99 percent of the school 592
882+district's share of state funding through the Florida Education 593
883+Finance Program as calculated by the department. 594
884+ 14. Adjust payments to eligible nonprofit scholarship -595
885+funding organizations and, when the Florida Education Finance 596
886+Program is recalculated, adjust the amount of state funds 597
887+allocated to school districts through the Florida Education 598
888+Finance Program based upon the results of the cross -check 599
889+completed pursuant to subparagraph 2. 600
890+
891+HB 5101 2022
892+
893+
894+
895+CODING: Words stricken are deletions; words underlined are additions.
896+hb5101-00
897+Page 25 of 76
898+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899+
900+
901+
902+ (12) SCHOLARSHIP FUNDING AND PAYMENT. — 601
903+ (a)1. Scholarships for students determined eligible 602
904+pursuant to paragraph (3)(a) are established for up to 18,000 603
905+students annually beginning in the 2019 -2020 school year. 604
906+Beginning in the 2020 -2021 school year, the maximum number of 605
907+students participating in the scholarship program under this 606
908+section shall annually increase by 1.0 percent of the state's 607
909+total full-time equivalent student membership public school 608
910+student enrollment. An eligible student who meets any of the 609
911+following requirements shall be excluded from the maximum number 610
912+of students if the student: 611
913+ a. Received a scholarship pursuant to s. 1002.395 during 612
914+the previous school year but did not receive a renewal 613
915+scholarship based solely on the eligible nonprofit scholarship-614
916+funding organization's lack of available funds after the 615
917+organization fully exhausted its efforts to use funds available 616
918+for awards under ss. 1002.395 and 1002.40(11)(i). Eligible 617
919+nonprofit scholarship -funding organizations with students who 618
920+meet the criterion in this subparagraph must annually notify the 619
921+department in a format and by a date established by the 620
922+department. The maximum number of scholarships awarded pursuant 621
923+to this subparagraph shall not exceed 15,000 per school year; 622
924+ a.b. Is a dependent child of a member of the United States 623
925+Armed Forces, a foster child, or an adopted child; or 624
926+ b.c. Is determined eligible pursuant to subparagraph 625
927+
928+HB 5101 2022
929+
930+
931+
932+CODING: Words stricken are deletions; words underlined are additions.
933+hb5101-00
934+Page 26 of 76
935+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936+
937+
938+
939+(3)(a)1. or subparagraph (3)(a)2. and either spent the prior 626
940+school year in attendance at a Florida public school or, 627
941+beginning in the 2022 -2023 school year, is eligible to enroll in 628
942+kindergarten. For purposes of this subparagraph, the term "prior 629
943+school year in attendance" means that the student was enrolled 630
944+and reported by a school district fo r funding during either the 631
945+preceding October or February full-time equivalent student 632
946+membership Florida Education Finance Program surveys in 633
947+kindergarten through grade 12, which includes time spent in a 634
948+Department of Juvenile Justice commitment program i f funded 635
949+under the Florida Education Finance Program. 636
950+ 2. The scholarship amount provided to a student for any 637
951+single school year shall be for tuition and fees for an eligible 638
952+private school, not to exceed annual limits, which shall be 639
953+determined in accordance with this subparagraph. The calculated 640
954+scholarship amount for a participating student shall be based 641
955+upon the grade level and school district in which the student 642
956+was assigned as 100 percent of the funds per unweighted full -643
957+time equivalent in the Flo rida Education Finance Program for a 644
958+student in the basic program established pursuant to s. 645
959+1011.62(1)(c)1., plus a per -full-time equivalent share of funds 646
960+for all categorical programs, except for the exceptional student 647
961+education guaranteed allocation established pursuant to s. 648
962+1011.62(1)(e). 649
963+ 3. The amount of the scholarship shall be the calculated 650
964+
965+HB 5101 2022
966+
967+
968+
969+CODING: Words stricken are deletions; words underlined are additions.
970+hb5101-00
971+Page 27 of 76
972+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973+
974+
975+
976+amount or the amount of the private school's tuition and fees, 651
977+whichever is less. The amount of any assessment fee required by 652
978+the participating private scho ol and any costs to provide a 653
979+digital device, including Internet access, if necessary, to the 654
980+student may be paid from the total amount of the scholarship. 655
981+ 4. A scholarship of $750 may be awarded to a student who 656
982+is determined eligible pursuant to subpar agraph (3)(a)1. or 657
983+subparagraph (3)(a)2. and enrolled in a Florida public school 658
984+that is different from the school to which the student was 659
985+assigned or in a lab school as defined in s. 1002.32 if the 660
986+school district does not provide the student with transp ortation 661
987+to the school. 662
988+ 5. Upon notification from the organization on July 1, 663
989+September 1, December 1, and February 1 that an application has 664
990+been approved for the program, the department shall verify that 665
991+the student is not prohibited from receiving a s cholarship 666
992+pursuant to subsection (6). The organization must provide the 667
993+department with the documentation necessary to verify the 668
994+student's participation. Upon receiving the documentation 669
995+verification, the department shall transfer, from state funds 670
996+only, the amount calculated pursuant to subparagraph 2. to the 671
997+organization for quarterly disbursement to parents of 672
998+participating students each school year in which the scholarship 673
999+is in force. For a student exiting a Department of Juvenile 674
1000+Justice commitment program who chooses to participate in the 675
1001+
1002+HB 5101 2022
1003+
1004+
1005+
1006+CODING: Words stricken are deletions; words underlined are additions.
1007+hb5101-00
1008+Page 28 of 76
1009+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010+
1011+
1012+
1013+scholarship program, the amount of the Family Empowerment 676
1014+Scholarship calculated pursuant to subparagraph 2. must be 677
1015+transferred from the school district in which the student last 678
1016+attended a public school before co mmitment to the Department of 679
1017+Juvenile Justice. When a student enters the scholarship program, 680
1018+the organization must receive all documentation required for the 681
1019+student's participation, including the private school's and the 682
1020+student's fee schedules, at leas t 30 days before the first 683
1021+quarterly scholarship payment is made for the student. 684
1022+ 6. The initial payment shall be made after the 685
1023+organization's verification of admission acceptance, and 686
1024+subsequent payments shall be made upon verification of continued 687
1025+enrollment and attendance at the private school. Payment must be 688
1026+by individual warrant made payable to the student's parent or by 689
1027+funds transfer or any other means of payment that the department 690
1028+deems to be commercially viable or cost -effective. If the 691
1029+payment is made by warrant, the warrant must be delivered by the 692
1030+organization to the private school of the parent's choice, and 693
1031+the parent shall restrictively endorse the warrant to the 694
1032+private school. An organization shall ensure that the parent to 695
1033+whom the warrant is made has restrictively endorsed the warrant 696
1034+to the private school for deposit into the account of the 697
1035+private school or that the parent has approved a funds transfer 698
1036+before any scholarship funds are deposited. 699
1037+ (b)1. Scholarships for students det ermined eligible 700
1038+
1039+HB 5101 2022
1040+
1041+
1042+
1043+CODING: Words stricken are deletions; words underlined are additions.
1044+hb5101-00
1045+Page 29 of 76
1046+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047+
1048+
1049+
1050+pursuant to paragraph (3)(b) are established for up to 20,000 701
1051+students annually beginning in the 2021 -2022 school year. 702
1052+Beginning in the 2022 -2023 school year, the maximum number of 703
1053+students participating in the scholarship program under t his 704
1054+section shall annually increase by 1.0 percent of the state's 705
1055+total exceptional student education full -time equivalent student 706
1056+membership enrollment, not including gifted students. An 707
1057+eligible student who meets any of the following requirements 708
1058+shall be excluded from the maximum number of students if the 709
1059+student: 710
1060+ a. Received specialized instructional services under the 711
1061+Voluntary Prekindergarten Education Program pursuant to s. 712
1062+1002.66 during the previous school year and the student has a 713
1063+current IEP developed by the district local school board in 714
1064+accordance with rules of the State Board of Education; 715
1065+ b. Is a dependent child of a member of the United States 716
1066+Armed Forces, a foster child, or an adopted child; 717
1067+ c. Spent the prior school year in attendan ce at a Florida 718
1068+public school or the Florida School for the Deaf and the Blind. 719
1069+For purposes of this subparagraph, the term "prior school year 720
1070+in attendance" means that the student was enrolled and reported 721
1071+by: 722
1072+ (I) A school district for funding during ei ther the 723
1073+preceding October or February full-time equivalent student 724
1074+membership Florida Education Finance Program surveys in 725
1075+
1076+HB 5101 2022
1077+
1078+
1079+
1080+CODING: Words stricken are deletions; words underlined are additions.
1081+hb5101-00
1082+Page 30 of 76
1083+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084+
1085+
1086+
1087+kindergarten through grade 12, which includes time spent in a 726
1088+Department of Juvenile Justice commitment program if funded 727
1089+under the Florida Education Finance Program; 728
1090+ (II) The Florida School for the Deaf and the Blind during 729
1091+the preceding October or February full-time equivalent student 730
1092+membership surveys in kindergarten through grade 12; 731
1093+ (III) A school district for funding during the preceding 732
1094+October or February full-time equivalent student membership 733
1095+Florida Education Finance Program surveys, was at least 4 years 734
1096+of age when enrolled and reported, and was eligible for services 735
1097+under s. 1003.21(1)(e); or 736
1098+ (IV) Received a John M. McKay Scholarship for Students 737
1099+with Disabilities in the 2021 -2022 school year. 738
1100+ 2. For a student who has a Level I to Level III matrix of 739
1101+services or a diagnosis by a physician or psychologist, the 740
1102+calculated scholarship amount for a student participating in the 741
1103+program must be based upon the grade level and school district 742
1104+in which the student would have been enrolled as the total funds 743
1105+per unweighted full-time equivalent in the Florida Education 744
1106+Finance Program for a student in the basic exceptional stud ent 745
1107+education program pursuant to s. 1011.62(1)(c)1. and (e)1.c., 746
1108+plus a per full-time equivalent share of funds for all 747
1109+categorical programs, as funded in the General Appropriations 748
1110+Act, except that for the exceptional student education 749
1111+guaranteed allocation, as provided in s. 1011.62(1)(e)1.c. and 750
1112+
1113+HB 5101 2022
1114+
1115+
1116+
1117+CODING: Words stricken are deletions; words underlined are additions.
1118+hb5101-00
1119+Page 31 of 76
1120+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121+
1122+
1123+
1124+2., the funds must be allocated based on the school district's 751
1125+average exceptional student education guaranteed allocation 752
1126+funds per exceptional student education full -time equivalent 753
1127+student. 754
1128+ 3. For a student with a Level IV or Level V matrix of 755
1129+services, the calculated scholarship amount must be based upon 756
1130+the school district to which the student would have been 757
1131+assigned as the total funds per full -time equivalent for the 758
1132+Level IV or Level V exceptional stude nt education program 759
1133+pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 760
1134+equivalent share of funds for all categorical programs, as 761
1135+funded in the General Appropriations Act. 762
1136+ 4. For a student who received a Gardiner Scholarship 763
1137+pursuant to s. 1002.385 in the 2020 -2021 school year, the amount 764
1138+shall be the greater of the amount calculated pursuant to 765
1139+subparagraph 2. or the amount the student received for the 2020 -766
1140+2021 school year. 767
1141+ 5. For a student who received a John M. McKay Scholarship 768
1142+pursuant to s. 1002.39 in the 2020 -2021 school year, the amount 769
1143+shall be the greater of the amount calculated pursuant to 770
1144+subparagraph 2. or the amount the student received for the 2020 -771
1145+2021 school year. 772
1146+ 6. Upon notification from an organization on July 1, 773
1147+September 1, December 1, and February 1 that an application has 774
1148+been approved for the program, the department shall verify that 775
1149+
1150+HB 5101 2022
1151+
1152+
1153+
1154+CODING: Words stricken are deletions; words underlined are additions.
1155+hb5101-00
1156+Page 32 of 76
1157+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158+
1159+
1160+
1161+the student is not prohibited from receiving a scholarship 776
1162+pursuant to subsection (6). The organization must provide the 777
1163+department with the documentation necessary to verify the 778
1164+student's participation. 779
1165+ 7. Upon receiving the documentation verification, the 780
1166+department shall release, from state funds only, the student's 781
1167+scholarship funds to the organization, to be deposited into the 782
1168+student's account in four equal amounts no later than September 783
1169+1, November 1, February 1, and April 1 of each school year in 784
1170+which the scholarship is in force. 785
1171+ 8. Accrued interest in the student's account is in 786
1172+addition to, and not part of, the awarded funds. Program funds 787
1173+include both the awarded funds and accrued interest. 788
1174+ 9. The organization may develop a system for payment of 789
1175+benefits by funds transfer, including, but not limited to, debit 790
1176+cards, electronic payment cards, or any other means of paym ent 791
1177+which the department deems to be commercially viable or cost -792
1178+effective. A student's scholarship award may not be reduced for 793
1179+debit card or electronic payment fees. Commodities or services 794
1180+related to the development of such a system must be procured by 795
1181+competitive solicitation unless they are purchased from a state 796
1182+term contract pursuant to s. 287.056. 797
1183+ 10. Moneys received pursuant to this section do not 798
1184+constitute taxable income to the qualified student or the parent 799
1185+of the qualified student. 800
1186+
1187+HB 5101 2022
1188+
1189+
1190+
1191+CODING: Words stricken are deletions; words underlined are additions.
1192+hb5101-00
1193+Page 33 of 76
1194+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195+
1196+
1197+
1198+ Section 5. Paragraph (d) of subsection (9) of section 801
1199+1002.395, Florida Statutes, is amended to read: 802
1200+ 1002.395 Florida Tax Credit Scholarship Program. — 803
1201+ (9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 804
1202+Education shall: 805
1203+ (d) Cross-check the list of participating scholarship 806
1204+students with the public school enrollment lists to avoid 807
1205+duplication and, when the Florida Education Finance Program is 808
1206+recalculated, adjust the amount of state funds allocated to 809
1207+school districts through the Florida Education F inance Program 810
1208+based upon the results of the cross -check. 811
1209+ Section 6. Paragraph (a) of subsection (8) of section 812
1210+1002.40, Florida Statutes, is amended to read: 813
1211+ 1002.40 The Hope Scholarship Program. — 814
1212+ (8) DEPARTMENT OF EDUCATION OBLIGATIONS. —The department 815
1213+shall: 816
1214+ (a) Cross-check the list of participating scholarship 817
1215+students with the public school enrollment lists to avoid 818
1216+duplication and, when the Florida Education Finance Program is 819
1217+recalculated, adjust the amount of state funds allocated to 820
1218+school districts through the Florida Education Finance Program 821
1219+based upon the results of the cross -check. 822
1220+ Section 7. Subsections (6) through (11) of section 823
1221+1002.45, Florida Statutes, are renumbered as subsections (5) 824
1222+through (10), respectively, and subsecti ons (1) and (2), 825
1223+
1224+HB 5101 2022
1225+
1226+
1227+
1228+CODING: Words stricken are deletions; words underlined are additions.
1229+hb5101-00
1230+Page 34 of 76
1231+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232+
1233+
1234+
1235+paragraphs (b), (c), and (d) of subsection (3), subsections (4) 826
1236+and (5), and present subsections (6), (7), (8), and (11) of 827
1237+section 1002.45, Florida Statutes, are amended, to read: 828
1238+ 1002.45 Virtual instruction programs. — 829
1239+ (1) PROGRAM.— 830
1240+ (a) For purposes of this section, the term: 831
1241+ 1. "Approved virtual instruction program provider" means a 832
1242+provider that is approved by the State Board Department of 833
1243+Education under subsection (2), the Florida Virtual School, a 834
1244+franchise of the Florida Virt ual School, or a Florida College 835
1245+System institution. 836
1246+ 2. "Department" means the Department of Education. 837
1247+ 3.2. "Virtual instruction program" means a program of 838
1248+instruction provided in an interactive learning environment 839
1249+created through technology in whic h students are separated from 840
1250+their teachers by time or space, or both. 841
1251+ (b)1. Each school district shall provide at least one 842
1252+option for part-time and full-time virtual instruction for 843
1253+students residing within the school district. All school 844
1254+districts must provide parents with timely written notification 845
1255+of at least one open enrollment period for full -time students of 846
1256+90 days or more which ends 30 days before the first day of the 847
1257+school year. The purpose of the program is to make quality 848
1258+virtual instruction available to students using online and 849
1259+distance learning technology in the nontraditional classroom. A 850
1260+
1261+HB 5101 2022
1262+
1263+
1264+
1265+CODING: Words stricken are deletions; words underlined are additions.
1266+hb5101-00
1267+Page 35 of 76
1268+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269+
1270+
1271+
1272+school district virtual instruction program shall consist of the 851
1273+following: 852
1274+ a.1. Full-time and part-time virtual instruction for 853
1275+students enrolled in kindergarten through grade 12. 854
1276+ b.2. Full-time or part-time virtual instruction for 855
1277+students enrolled in dropout prevention and academic 856
1278+intervention programs under s. 1003.53, Department of Juvenile 857
1279+Justice education programs under s. 1003.52, core -curricula 858
1280+courses to meet class size requirements under s. 1003.03, or 859
1281+Florida College System institutions under this section. 860
1282+ 2. Each virtual instruction program established under 861
1283+paragraph (c) by a school district either directly or through a 862
1284+contract with an approved virtual instruction program provider 863
1285+shall operate under its own Master School Identification Number 864
1286+as prescribed by the department. 865
1287+ (c) To provide students residing within the school 866
1288+district with the option of participating in virtual i nstruction 867
1289+programs as required by paragraph (b), a school district may: 868
1290+ 1. Contract with the Florida Virtual School or establish a 869
1291+franchise of the Florida Virtual School for the provision of a 870
1292+program under paragraph (b). Using this option is subject t o the 871
1293+requirements of this section and s. 1011.61(1)(c)1.b.(III) and 872
1294+(IV) and (4). A district may report full -time equivalent student 873
1295+membership for credit earned by a student who is enrolled in a 874
1296+virtual education course provided by the district which was 875
1297+
1298+HB 5101 2022
1299+
1300+
1301+
1302+CODING: Words stricken are deletions; words underlined are additions.
1303+hb5101-00
1304+Page 36 of 76
1305+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306+
1307+
1308+
1309+completed after the end of the regular school year if the FTE is 876
1310+reported no later than the deadline for amending the final 877
1311+student membership report for that year . 878
1312+ 2. Contract with an approved virtual instruction program 879
1313+provider under subsection (2) for the provision of a full -time 880
1314+or part-time program under paragraph (b). 881
1315+ 3. Enter into an agreement with other school districts to 882
1316+allow the participation of its students in an approved virtual 883
1317+instruction program provided by the other school district. The 884
1318+agreement must indicate a process for the transfer of funds 885
1319+required by paragraph (6)(b) (7)(a). 886
1320+ 4. Establish school district operated part -time or full-887
1321+time kindergarten through grade 12 virtual instruction programs 888
1322+under paragraph (b) for students enrolled in the school 889
1323+district. A full-time program shall operate under it s own Master 890
1324+School Identification Number . 891
1325+ 5. Enter into an agreement with a virtual charter school 892
1326+authorized by the school district under s. 1002.33. 893
1327+ 894
1328+Contracts under subparagraph 1. or subparagraph 2. may include 895
1329+multidistrict contractual arrangements that may be executed by a 896
1330+regional consortium service organization established pursuant to 897
1331+s. 1001.451 for its member districts. A multidistrict 898
1332+contractual arrangement or an agreement under subparagraph 3. is 899
1333+not subject to s. 1001.42(4)(d) and does not require the 900
1334+
1335+HB 5101 2022
1336+
1337+
1338+
1339+CODING: Words stricken are deletions; words underlined are additions.
1340+hb5101-00
1341+Page 37 of 76
1342+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343+
1344+
1345+
1346+participating school districts to be contiguous. These 901
1347+arrangements may be used to fulfill the requirements of 902
1348+paragraph (b). 903
1349+ (d) A virtual charter school may provide full -time or 904
1350+part-time virtual instruction for students in kindergarten 905
1351+through grade 12 residing within the school district sponsoring 906
1352+the virtual charter school if the virtual charter school has a 907
1353+charter approved pursuant to s. 1002.33. A virtual charter 908
1354+school may: 909
1355+ 1. Contract with the Florida Virtual School. 910
1356+ 2. Contract with an approved virtual instruction program 911
1357+provider under subsection (2). 912
1358+ 3. Enter into an agreement with a school district to allow 913
1359+the participation of the virtual charter school's students in 914
1360+the school district's virtual instruction program. The ag reement 915
1361+must indicate a process for reporting of student enrollment and 916
1362+the transfer of funds required by paragraph (6)(b) (7)(a). 917
1363+ (e) Each school district shall: 918
1364+ 1. Provide to the department by each October 1, a copy of 919
1365+each contract and the amount amounts paid per unweighted full -920
1366+time equivalent virtual student for services procured pursuant 921
1367+to subparagraphs (c)1. and 2. 922
1368+ 2. Expend any the difference in the amount of funds per 923
1369+unweighted full-time equivalent virtual student allocated to 924
1370+provided for a student participating in the school district 925
1371+
1372+HB 5101 2022
1373+
1374+
1375+
1376+CODING: Words stricken are deletions; words underlined are additions.
1377+hb5101-00
1378+Page 38 of 76
1379+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380+
1381+
1382+
1383+virtual instruction program pursuant to subsection (6)(7) and 926
1384+the amount price paid per unweighted full-time equivalent 927
1385+virtual student by the school district for a contract executed 928
1386+pursuant to subparagraph ( c)1. or subparagraph (c)2. on for 929
1387+acquiring computer and device hardware and associated operating 930
1388+system software that comply with the requirements of s. 931
1389+1001.20(4)(a)1.b. 932
1390+ 3. Provide to the department and by September 1 of each 933
1391+year report to the departm ent an itemized list of items acquired 934
1392+in subparagraph 2 with these funds. 935
1393+ 4.3. Limit the enrollment of virtual full-time equivalent 936
1394+virtual students residing outside of the school district 937
1395+providing the virtual instruction pursuant to paragraph (c) to 938
1396+no more than 50 percent of the total enrolled virtual full-time 939
1397+equivalent virtual students residing inside the school district 940
1398+providing the virtual instruction. This subparagraph applies to 941
1399+any virtual instruction contract or agreement that is entered 942
1400+into for the first time after June 30, 2021. However, a school 943
1401+district may not enroll more virtual full-time equivalent 944
1402+virtual students residing outside of the school district than 945
1403+the total number of reported full -time equivalent students 946
1404+residing inside the school district. 947
1405+ (2) PROVIDER QUALIFICATIONS. — 948
1406+ (a) The department shall annually publish on its website 949
1407+online a list of providers approved by the State Board of 950
1408+
1409+HB 5101 2022
1410+
1411+
1412+
1413+CODING: Words stricken are deletions; words underlined are additions.
1414+hb5101-00
1415+Page 39 of 76
1416+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417+
1418+
1419+
1420+Education to offer virtual instruction programs. To be approved 951
1421+by the department, a virtual instruction program provider must 952
1422+document that it: 953
1423+ 1. Is nonsectarian in its programs, admission policies, 954
1424+employment practices, and operations; 955
1425+ 2. Complies with the antidiscrimination provisions of s. 956
1426+1000.05; 957
1427+ 3. Locates an administrative offi ce or offices in this 958
1428+state, requires its administrative staff to be state residents, 959
1429+requires all instructional staff to be Florida -certified 960
1430+teachers under chapter 1012 and conducts background screenings 961
1431+for all employees or contracted personnel, as requ ired by s. 962
1432+1012.32, using state and national criminal history records; 963
1433+ 4. Electronically provides to parents and students 964
1434+specific information posted and accessible online that includes, 965
1435+but is not limited to, the following teacher -parent and teacher-966
1436+student contact information for each course: 967
1437+ a. How to contact the instructor via phone, e -mail, or 968
1438+online messaging tools. 969
1439+ b. How to contact technical support via phone, e -mail, or 970
1440+online messaging tools. 971
1441+ c. How to contact the administration office via phone, e-972
1442+mail, or online messaging tools. 973
1443+ d. Any requirement for regular contact with the instructor 974
1444+for the course and clear expectations for meeting the 975
1445+
1446+HB 5101 2022
1447+
1448+
1449+
1450+CODING: Words stricken are deletions; words underlined are additions.
1451+hb5101-00
1452+Page 40 of 76
1453+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454+
1455+
1456+
1457+requirement. 976
1458+ e. The requirement that the instructor in each course 977
1459+must, at a minimum, conduct o ne contact with the parent and the 978
1460+student each month; 979
1461+ 5. Possesses prior, successful experience offering virtual 980
1462+instruction online courses to elementary, middle, or high school 981
1463+students as demonstrated by quantified student learning gains in 982
1464+each subject area and grade level provided for consideration as 983
1465+an instructional program option. However, for a virtual 984
1466+instruction program provider without sufficient prior, 985
1467+successful experience offering online courses, the State Board 986
1468+of Education department may conditionally approve the virtual 987
1469+instruction program provider to offer courses measured pursuant 988
1470+to subparagraph (7)(a)2. (8)(a)2. Conditional approval shall be 989
1471+valid for 1 school year only and, based on the virtual 990
1472+instruction program provider's experience in offering the 991
1473+courses, the State Board of Education may department shall 992
1474+determine whether to grant approval to offer a virtual 993
1475+instruction program; 994
1476+ 6. Is accredited by a regional accrediting association as 995
1477+defined by State Board of Education rule; 996
1478+ 7. Ensures instructional and curricular quality through a 997
1479+detailed curriculum and student performance accountability plan 998
1480+that addresses every subject and grade level it intends to 999
1481+provide through contract with the school district, including: 1000
1482+
1483+HB 5101 2022
1484+
1485+
1486+
1487+CODING: Words stricken are deletions; words underlined are additions.
1488+hb5101-00
1489+Page 41 of 76
1490+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491+
1492+
1493+
1494+ a. Courses and programs that meet the standards of the 1001
1495+International Association for K -12 Online Learning and the 1002
1496+Southern Regional Education B oard. 1003
1497+ b. Instructional content and services that align with, and 1004
1498+measure student attainment of, student proficiency in the Next 1005
1499+Generation Sunshine State Standards. 1006
1500+ c. Mechanisms that determine and ensure that a student has 1007
1501+satisfied requirements for grade level promotion and high school 1008
1502+graduation with a standard diploma, as appropriate; 1009
1503+ 8. Publishes for the general public , in accordance with 1010
1504+disclosure requirements adopted in rule by the State Board of 1011
1505+Education, as part of its application as an approved virtual 1012
1506+instruction program a provider and in all contracts negotiated 1013
1507+pursuant to this section: 1014
1508+ a. Information and data about the curriculum of each full -1015
1509+time and part-time virtual instruction program. 1016
1510+ b. School policies and procedures. 1017
1511+ c. Certification status and physical location of all 1018
1512+administrative and instructional personnel. 1019
1513+ d. Hours and times of availability of instructional 1020
1514+personnel. 1021
1515+ e. Student-teacher ratios. 1022
1516+ f. Student completion and promotion rates. 1023
1517+ g. Student, educator, a nd school performance 1024
1518+accountability outcomes; 1025
1519+
1520+HB 5101 2022
1521+
1522+
1523+
1524+CODING: Words stricken are deletions; words underlined are additions.
1525+hb5101-00
1526+Page 42 of 76
1527+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528+
1529+
1530+
1531+ 9. If the approved virtual instruction program provider is 1026
1532+a Florida College System institution, employs instructors who 1027
1533+meet the certification requirements for instructional staff 1028
1534+under chapter 1012; and 1029
1535+ 10. Performs an annual financial audit of its accounts and 1030
1536+records conducted by an independent auditor who is a certified 1031
1537+public accountant licensed under chapter 473. The independent 1032
1538+auditor shall conduct the audit which is in accordance with 1033
1539+rules adopted by the Auditor General pursuant to s. 11.45 and, 1034
1540+upon completion of the audit, shall prepare an audit report in 1035
1541+accordance with such rules. The audit report must include a 1036
1542+written statement by the approved virtual instruction program 1037
1543+provider describing any corrective action to be taken in 1038
1544+response to each of the independent auditor's recommendations 1039
1545+included in the audit report. The independent auditor shall 1040
1546+submit the audit report to the State Board of Education and the 1041
1547+Auditor General no later than 9 m onths after the end of the 1042
1548+preceding fiscal year , is conducted in compliance with generally 1043
1549+accepted auditing standards, and includes a report on financial 1044
1550+statements presented in accordance with generally accepted 1045
1551+accounting principles . 1046
1552+ (b) An approved virtual instruction program provider that 1047
1553+maintains compliance with all requirements of this section shall 1048
1554+retain its approved status for a period of during the 3 school 1049
1555+years after the date of the department's approval by the State 1050
1556+
1557+HB 5101 2022
1558+
1559+
1560+
1561+CODING: Words stricken are deletions; words underlined are additions.
1562+hb5101-00
1563+Page 43 of 76
1564+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565+
1566+
1567+
1568+Board of Education under paragraph (a) as long as the provider 1051
1569+continues to comply with all requirements of this section. 1052
1570+However, each provider approved by the department for the 2011 -1053
1571+2012 school year must reapply for approval to provide a part -1054
1572+time program for students in grad es 9 through 12. 1055
1573+ (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS. —Each virtual 1056
1574+instruction program under this section must: 1057
1575+ (b) Offer instruction that is designed to enable a student 1058
1576+to gain proficiency in each virtual instruction virtually 1059
1577+delivered course of study. 1060
1578+ (c) Provide each student enrolled in the virtual 1061
1579+instruction program with all the necessary instructional 1062
1580+materials. 1063
1581+ (d) Provide each full -time student enrolled in the virtual 1064
1582+instruction program who qualifies for free or reduced -price 1065
1583+school lunches under the National School Lunch Act, or who is on 1066
1584+the direct certification list, and who does not have a computer 1067
1585+or Internet access in his or her home with: 1068
1586+ 1. All equipment necessary for participants in the virtual 1069
1587+instruction program, incl uding, but not limited to, a computer, 1070
1588+computer monitor, and printer, if a printer is necessary to 1071
1589+participate in the virtual instruction program; and 1072
1590+ 2. Access to or reimbursement for all Internet services 1073
1591+necessary for online delivery of instruction. 1074
1592+ (4) CONTRACT REQUIREMENTS. —Each contract with an approved 1075
1593+
1594+HB 5101 2022
1595+
1596+
1597+
1598+CODING: Words stricken are deletions; words underlined are additions.
1599+hb5101-00
1600+Page 44 of 76
1601+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602+
1603+
1604+
1605+virtual instruction program provider must, at minimum: 1076
1606+ (a) Set forth a detailed curriculum plan that illustrates 1077
1607+how students will be provided services and be measured for 1078
1608+attainment of proficien cy in the Next Generation Sunshine State 1079
1609+Standards for each grade level and subject. 1080
1610+ (b) Provide a method for determining that a student has 1081
1611+satisfied the requirements for graduation in s. 1002.3105(5), s. 1082
1612+1003.4281, or s. 1003.4282 if the contract is fo r the provision 1083
1613+of a full-time virtual instruction program to students in grades 1084
1614+9 through 12. 1085
1615+ (c) Specify a method for resolving conflicts among the 1086
1616+parties. 1087
1617+ (d) Specify authorized reasons for termination of the 1088
1618+contract. 1089
1619+ (e) Require the approved virtual instruction program 1090
1620+provider to be responsible for all debts of the virtual 1091
1621+instruction program if the contract is not renewed or is 1092
1622+terminated. 1093
1623+ (f) Require the approved virtual instruction program 1094
1624+provider to comply with all requirements of this s ection. 1095
1625+ (g) Require the approved virtual instruction program 1096
1626+provider to submit a concise, uniform, monthly financial 1097
1627+statement summary sheet in a form prescribed by the department. 1098
1628+ (h) Provide the current incoming baseline standard of 1099
1629+student academic achievement, the outcomes to be achieved, the 1100
1630+
1631+HB 5101 2022
1632+
1633+
1634+
1635+CODING: Words stricken are deletions; words underlined are additions.
1636+hb5101-00
1637+Page 45 of 76
1638+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639+
1640+
1641+
1642+method of measurement that will be used, and a detailed 1101
1643+description of: 1102
1644+ 1. How the baseline student academic achievement levels 1103
1645+and prior rates of academic progress will be established. 1104
1646+ 2. How these baseline rates will be compared to rates of 1105
1647+academic progress achieved by the same students while enrolled 1106
1648+in the virtual instruction program. 1107
1649+ 3. To the extent possible, how the rates of progress will 1108
1650+be evaluated and compared with rates of progress of o ther 1109
1651+closely comparable student populations. 1110
1652+ (i) Require the approved virtual instruction program 1111
1653+provider to annually submit an accountability report that 1112
1654+contains demographic information and student achievement 1113
1655+performance data, that links baseline stu dent data to the 1114
1656+provider performance projections identified in the contract. 1115
1657+ (5) STUDENT ELIGIBILITY. —A student may enroll in a virtual 1116
1658+instruction program provided by the school district or by a 1117
1659+virtual charter school pursuant to s. 1002.455. 1118
1660+ (5)(6) STUDENT PARTICIPATION REQUIREMENTS. —Each student 1119
1661+enrolled in the school district's a virtual instruction program 1120
1662+authorized pursuant to paragraph (1)(c) or virtual charter 1121
1663+school must: 1122
1664+ (a) Comply with the compulsory attendance requirements of 1123
1665+s. 1003.21. Student attendance must be verified by the school 1124
1666+district. 1125
1667+
1668+HB 5101 2022
1669+
1670+
1671+
1672+CODING: Words stricken are deletions; words underlined are additions.
1673+hb5101-00
1674+Page 46 of 76
1675+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1676+
1677+
1678+
1679+ (b) Take statewide assessments pursuant to s. 1008.22. 1126
1680+Statewide assessments may be administered within the school 1127
1681+district in which such student resides, or as specified in the 1128
1682+contract in accordance with s. 1008.24(3). If requested by the 1129
1683+approved virtual instruction program provider or virtual charter 1130
1684+school, the district of residence must provide the student with 1131
1685+access to the district's testing facilities. 1132
1686+ (6)(7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER 1133
1687+SCHOOL FUNDING.— 1134
1688+ (a) All virtual instruction programs established pursuant 1135
1689+to paragraph (1)(c) are subject to the requirements of s. 1136
1690+1011.61(1)(c)1.b.(III), (IV), (VI) and (4) and the school 1137
1691+district providing the virtual i nstruction program shall report 1138
1692+the full-time equivalent students, in a manner prescribed by the 1139
1693+department. A school district may report a full -time equivalent 1140
1694+student for credit earned by a student who is enrolled in a 1141
1695+virtual instruction course provided by the district which was 1142
1696+completed after the end of the regular school year if the full -1143
1697+time equivalent student is reported no later than the deadline 1144
1698+for amending the final full -time equivalent student membership 1145
1699+report for that year Students enrolled in a virtual instruction 1146
1700+program or a virtual charter school shall be funded through the 1147
1701+Florida Education Finance Program as provided in the General 1148
1702+Appropriations Act. However, such funds may not be provided for 1149
1703+the purpose of fulfilling the class size re quirements in ss. 1150
1704+
1705+HB 5101 2022
1706+
1707+
1708+
1709+CODING: Words stricken are deletions; words underlined are additions.
1710+hb5101-00
1711+Page 47 of 76
1712+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1713+
1714+
1715+
1716+1003.03 and 1011.685. The school district providing the virtual 1151
1717+instruction shall report the full -time equivalent students for a 1152
1718+virtual instruction program or a virtual charter school to the 1153
1719+department in a manner prescribed by the depar tment. 1154
1720+ (b) Students enrolled in a virtual instruction program 1155
1721+shall be funded in the Florida Education Finance Program as 1156
1722+provided in the General Appropriations Act. The calculation to 1157
1723+determine the amount of funds for each student through Florida 1158
1724+Education Finance Program shall include the sum of the base 1159
1725+Florida Education Finance Program pursuant to s. 1011.62(1)(s) 1160
1726+and all categorical programs except for the categorical programs 1161
1727+established pursuant to ss. 1011.62(1)(f), 1011.62(7), 1162
1728+1011.62(13), 1011.685, and 1012.71. Students residing outside of 1163
1729+the school district reporting the full -time equivalent virtual 1164
1730+student shall be funded from state funds only. 1165
1731+ (b) For purposes of a virtual instruction program or a 1166
1732+virtual charter school, "full -time equivalent student" has the 1167
1733+same meaning as provided in s. 1011.61(1)(c)1.b.(III) or (IV). 1168
1734+ (c) For a student enrolled in a kindergarten through grade 1169
1735+12 virtual instruction program, a "full -time equivalent student" 1170
1736+has the same meaning as provided in s. 1011.61 (1)(c)1.b.(III) 1171
1737+and (IV). 1172
1738+ (d) The full-time equivalent student membership calculated 1173
1739+under this subsection is subject to the requirements in s. 1174
1740+1011.61(4). 1175
1741+
1742+HB 5101 2022
1743+
1744+
1745+
1746+CODING: Words stricken are deletions; words underlined are additions.
1747+hb5101-00
1748+Page 48 of 76
1749+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1750+
1751+
1752+
1753+ (c)(e) A Florida College System institution provider may 1176
1754+not report students who are served in a virtual instruction 1177
1755+program for funding under the Florida College System Program 1178
1756+Fund. 1179
1757+ (7)(8) ASSESSMENT AND ACCOUNTABILITY. — 1180
1758+ (a) Each approved virtual instruction program provider 1181
1759+contracted pursuant to under this section must: 1182
1760+ 1. Participate in th e statewide assessment program under 1183
1761+s. 1008.22 and in the state's education performance 1184
1762+accountability system under s. 1008.31. 1185
1763+ 2. Receive a school grade under s. 1008.34 or a school 1186
1764+improvement rating under s. 1008.341, as applicable. The school 1187
1765+grade or school improvement rating received by each approved 1188
1766+virtual instruction program provider shall be based upon the 1189
1767+aggregated assessment scores of all students served by the 1190
1768+provider statewide. Each approved virtual instruction program 1191
1769+provider shall receive a district grade pursuant to s. 1008.34 1192
1770+based upon the aggregated assessment scores of all students 1193
1771+served by the provider statewide and a separate school grade for 1194
1772+each school district with which it contracts based upon the 1195
1773+assessment scores of all st udents served within the school 1196
1774+district. The department shall publish the school grade or 1197
1775+school improvement rating received by each approved virtual 1198
1776+instruction program provider on its Internet website. The 1199
1777+department shall develop an evaluation method f or providers of 1200
1778+
1779+HB 5101 2022
1780+
1781+
1782+
1783+CODING: Words stricken are deletions; words underlined are additions.
1784+hb5101-00
1785+Page 49 of 76
1786+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1787+
1788+
1789+
1790+part-time programs which includes the percentage of students 1201
1791+making learning gains, the percentage of students successfully 1202
1792+passing any required end -of-course assessment, the percentage of 1203
1793+students taking Advanced Placement examinations, an d the 1204
1794+percentage of students scoring 3 or higher on an Advanced 1205
1795+Placement examination. 1206
1796+ (b) The performance of part -time students in grades 9 1207
1797+through 12 shall not be included for purposes of school grades 1208
1798+or school improvement ratings under subparagraph ( a)2.; however, 1209
1799+their performance shall be included for school grading or school 1210
1800+improvement rating purposes by the district nonvirtual school 1211
1801+providing the student's primary instruction. 1212
1802+ (c) An approved virtual instruction program provider that 1213
1803+receives a school grade of "D" or "F" pursuant to under s. 1214
1804+1008.34 or a school improvement rating of "Unsatisfactory" 1215
1805+pursuant to under s. 1008.341 must file a school improvement 1216
1806+plan with the department for consultation to determine the 1217
1807+causes for low performance a nd corrective actions necessary to 1218
1808+improve performance to develop a plan for correction and 1219
1809+improvement. 1220
1810+ (d) An approved virtual instruction program provider's 1221
1811+contract is automatically must be terminated if the provider 1222
1812+earns two consecutive receives a school grades grade of "D" or 1223
1813+"F" pursuant to under s. 1008.34 after all school grade appeals 1224
1814+are final or earns two consecutive a school improvement ratings 1225
1815+
1816+HB 5101 2022
1817+
1818+
1819+
1820+CODING: Words stricken are deletions; words underlined are additions.
1821+hb5101-00
1822+Page 50 of 76
1823+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1824+
1825+
1826+
1827+rating of "Unsatisfactory" pursuant to under s. 1008.341 for 2 1226
1828+years during any consecutive 4 -year period or has violated any 1227
1829+qualification requirement pursuant to subsection (2). An 1228
1830+approved virtual instruction program A provider that has a 1229
1831+contract terminated under this paragraph may not be considered 1230
1832+an approved virtual instruction program provider for a period of 1231
1833+at least 1 year after the date upon which the contract was 1232
1834+terminated and until the State Board of Education department 1233
1835+determines that the virtual instruction program provider is in 1234
1836+compliance with subsection (2) and has corrected each cau se of 1235
1837+the provider's low performance. 1236
1838+ (10)(11) RULES.—The State Board of Education shall adopt 1237
1839+rules necessary to administer this section, including rules that 1238
1840+prescribe disclosure requirements under subsection (2) , a 1239
1841+standard contract that meets the req uirements under subsection 1240
1842+(4), and school district reporting requirements under subsection 1241
1843+(6) (7). 1242
1844+ Section 8. Section 1002.455, Florida Statutes, is amended 1243
1845+to read: 1244
1846+ 1002.455 Student eligibility for K -12 virtual 1245
1847+instruction.—All students, includin g home education and private 1246
1848+school students, are eligible to participate in any of the 1247
1849+following virtual instruction options: 1248
1850+ (1) School district operated part -time or full-time 1249
1851+kindergarten through grade 12 virtual instruction programs 1250
1852+
1853+HB 5101 2022
1854+
1855+
1856+
1857+CODING: Words stricken are deletions; words underlined are additions.
1858+hb5101-00
1859+Page 51 of 76
1860+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1861+
1862+
1863+
1864+pursuant to s. 1002.45(1)(c)4. to students within the school 1251
1865+district under s. 1002.45(1)(b) . 1252
1866+ (2) Part-time or full-time virtual charter school 1253
1867+instruction authorized pursuant to s. 1002.45(1)(c)5. under s. 1254
1868+1002.33 to students within the school district or to students i n 1255
1869+other school districts throughout the state pursuant to s. 1256
1870+1002.31; however, the school district enrolling the full -time 1257
1871+equivalent virtual student shall comply with the enrollment 1258
1872+requirements established under to s. 1002.45(1)(e)4 . 1259
1873+ (3) Virtual courses offered in the course code directory 1260
1874+to students within the school district or to students in other 1261
1875+school districts throughout the state pursuant to s. 1003.498. 1262
1876+ (4) Florida Virtual School instructional services 1263
1877+authorized pursuant to under s. 1002.37. 1264
1878+ (5) Virtual instruction provided by a school district 1265
1879+through a contract with an approved virtual instruction program 1266
1880+provider pursuant to s. 1002.45(1)(c)2. to students within the 1267
1881+school district or to students in other school districts 1268
1882+throughout the state pursuant to s. 1002.31; however the school 1269
1883+district enrolling the full -time equivalent virtual student 1270
1884+shall comply with the enrollment requirements established under 1271
1885+s. 1002.45(1)(e)4. 1272
1886+ Section 9. Paragraph (b) of subsection (2) of section 1273
1887+1003.498, Florida Statutes, is amended to read: 1274
1888+ 1003.498 School district virtual course offerings. — 1275
1889+
1890+HB 5101 2022
1891+
1892+
1893+
1894+CODING: Words stricken are deletions; words underlined are additions.
1895+hb5101-00
1896+Page 52 of 76
1897+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1898+
1899+
1900+
1901+ (2) School districts may offer virtual courses for 1276
1902+students enrolled in the school district. These courses must be 1277
1903+identified in the course code directo ry. Students may 1278
1904+participate in these virtual course offerings pursuant to s. 1279
1905+1002.455. 1280
1906+ (b)1. Any student who is enrolled in a school district may 1281
1907+register and enroll in an online course offered by any other 1282
1908+school district in the state. The school distr ict in which the 1283
1909+student completes the course shall report the student's 1284
1910+completion of that course for funding pursuant to s. 1285
1911+1011.61(1)(c)1.b.(VI), and the home school district shall not 1286
1912+report the student for funding for that course. 1287
1913+ 2. The full-time equivalent student membership calculated 1288
1914+under this subsection is subject to the requirements in s. 1289
1915+1011.61(4). The Department of Education shall establish 1290
1916+procedures to enable interdistrict coordination for the delivery 1291
1917+and funding of this online option. 1292
1918+ 3. Funding for virtual courses shall be as provided in s. 1293
1919+1002.45(6). 1294
1920+ Section 10. Paragraph (a) of subsection (13) of section 1295
1921+1003.52, Florida Statutes, is amended to read: 1296
1922+ 1003.52 Educational services in Department of Juvenile 1297
1923+Justice programs.— 1298
1924+ (13)(a) Funding for eligible students enrolled in juvenile 1299
1925+justice education programs shall be the same as traditional 1300
1926+
1927+HB 5101 2022
1928+
1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb5101-00
1933+Page 53 of 76
1934+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1935+
1936+
1937+
1938+students funded in provided through the Florida Education 1301
1939+Finance Program and as specified provided in s. 1011.62 and the 1302
1940+General Appropriations Act. Funding shall include, at a minimum: 1303
1941+ 1. Weighted program funding or the basic amount for 1304
1942+current operation multiplied by the district cost differential 1305
1943+as provided in s. 1011.62(2); 1306
1944+ 2. The supplemental allocation for juvenile justice 1307
1945+education as provided in s. 1011.62(9); 1308
1946+ 3. A proportionate share of the district's exceptional 1309
1947+student education guaranteed allocation, the supplemental 1310
1948+academic instruction allocation, and the instructional materials 1311
1949+allocation; 1312
1950+ 4. An amount equivalent to t he proportionate share of the 1313
1951+state average potential discretionary local effort for 1314
1952+operations, which shall be determined as follows: 1315
1953+ a. If the district levies the maximum discretionary local 1316
1954+effort and the district's discretionary local effort per FTE is 1317
1955+less than the state average potential discretionary local effort 1318
1956+per FTE, the proportionate share shall include both the 1319
1957+discretionary local effort and the compression supplement per 1320
1958+FTE. If the district's discretionary local effort per FTE is 1321
1959+greater than the state average per FTE, the proportionate share 1322
1960+shall be equal to the state average; or 1323
1961+ b. If the district does not levy the maximum discretionary 1324
1962+local effort and the district's actual discretionary local 1325
1963+
1964+HB 5101 2022
1965+
1966+
1967+
1968+CODING: Words stricken are deletions; words underlined are additions.
1969+hb5101-00
1970+Page 54 of 76
1971+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1972+
1973+
1974+
1975+effort per FTE is less than the state ave rage potential 1326
1976+discretionary local effort per FTE, the proportionate share 1327
1977+shall be equal to the district's actual discretionary local 1328
1978+effort per FTE. If the district's actual discretionary local 1329
1979+effort per FTE is greater than the state average per FTE, th e 1330
1980+proportionate share shall be equal to the state average 1331
1981+potential local effort per FTE; and 1332
1982+ 5. A proportionate share of the district's proration to 1333
1983+funds available, if necessary. 1334
1984+ Section 11. Section 1006.12, Florida Statutes, is amended 1335
1985+to read: 1336
1986+ 1006.12 Safe-school officers at each public school. —For 1337
1987+the protection and safety of school personnel, property, 1338
1988+students, and visitors, each district school board and school 1339
1989+district superintendent shall partner with law enforcement 1340
1990+agencies or security a gencies to establish or assign one or more 1341
1991+safe-school officers at each school facility within the 1342
1992+district, including charter schools. A district school board 1343
1993+must collaborate with charter school governing boards to 1344
1994+facilitate charter school access to all safe-school officer 1345
1995+options available under this section. The school district may 1346
1996+implement any combination of the options in subsections (1) -(4) 1347
1997+to best meet the needs of the school district and charter 1348
1998+schools. 1349
1999+ (1) SCHOOL RESOURCE OFFICER. —A school district may 1350
2000+
2001+HB 5101 2022
2002+
2003+
2004+
2005+CODING: Words stricken are deletions; words underlined are additions.
2006+hb5101-00
2007+Page 55 of 76
2008+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2009+
2010+
2011+
2012+establish school resource officer programs through a cooperative 1351
2013+agreement with law enforcement agencies. 1352
2014+ (a) School resource officers shall undergo criminal 1353
2015+background checks, drug testing, and a psychological evaluation 1354
2016+and be certified law enforcement officers, as defined in s. 1355
2017+943.10(1), who are employed by a law enforcement agency as 1356
2018+defined in s. 943.10(4). The powers and duties of a law 1357
2019+enforcement officer shall continue throughout the employee's 1358
2020+tenure as a school resource officer. 1359
2021+ (b) School resource officers shall abide by district 1360
2022+school board policies and shall consult with and coordinate 1361
2023+activities through the school principal, but shall be 1362
2024+responsible to the law enforcement agency in all matters 1363
2025+relating to employment, subject to agreements between a district 1364
2026+school board and a law enforcement agency. Activities conducted 1365
2027+by the school resource officer which are part of the regular 1366
2028+instructional program of the school shall be under the direction 1367
2029+of the school principal. 1368
2030+ (c) Complete mental health crisis intervention training 1369
2031+using a curriculum developed by a national organization with 1370
2032+expertise in mental health crisis intervention. The training 1371
2033+shall improve officers' knowledge and skills as first responders 1372
2034+to incidents involvin g students with emotional disturbance or 1373
2035+mental illness, including de -escalation skills to ensure student 1374
2036+and officer safety. 1375
2037+
2038+HB 5101 2022
2039+
2040+
2041+
2042+CODING: Words stricken are deletions; words underlined are additions.
2043+hb5101-00
2044+Page 56 of 76
2045+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2046+
2047+
2048+
2049+ (2) SCHOOL SAFETY OFFICER. —A school district may 1376
2050+commission one or more school safety officers for the protection 1377
2051+and safety of school personnel, property, and students within 1378
2052+the school district. The district school superintendent may 1379
2053+recommend, and the district school board may appoint, one or 1380
2054+more school safety officers. 1381
2055+ (a) School safety officers shall undergo criminal 1382
2056+background checks, drug testing, and a psychological evaluation 1383
2057+and be law enforcement officers, as defined in s. 943.10(1), 1384
2058+certified under the provisions of chapter 943 and employed by 1385
2059+either a law enforcement agency or by the district school board. 1386
2060+If the officer is employed by the district school board, the 1387
2061+district school board is the employing agency for purposes of 1388
2062+chapter 943, and must comply with the provisions of that 1389
2063+chapter. 1390
2064+ (b) A school safety officer has and shall exercise the 1391
2065+power to make arrest s for violations of law on district school 1392
2066+board property and to arrest persons, whether on or off such 1393
2067+property, who violate any law on such property under the same 1394
2068+conditions that deputy sheriffs are authorized to make arrests. 1395
2069+A school safety officer ha s the authority to carry weapons when 1396
2070+performing his or her official duties. 1397
2071+ (c) School safety officers must complete mental health 1398
2072+crisis intervention training using a curriculum developed by a 1399
2073+national organization with expertise in mental health crisi s 1400
2074+
2075+HB 5101 2022
2076+
2077+
2078+
2079+CODING: Words stricken are deletions; words underlined are additions.
2080+hb5101-00
2081+Page 57 of 76
2082+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2083+
2084+
2085+
2086+intervention. The training shall improve officers' knowledge and 1401
2087+skills as first responders to incidents involving students with 1402
2088+emotional disturbance or mental illness, including de -escalation 1403
2089+skills to ensure student and officer safety. 1404
2090+ (d) A district school board may enter into mutual aid 1405
2091+agreements with one or more law enforcement agencies as provided 1406
2092+in chapter 23. A school safety officer's salary may be paid 1407
2093+jointly by the district school board and the law enforcement 1408
2094+agency, as mutually agreed to . 1409
2095+ (3) SCHOOL GUARDIAN. —At the school district's or the 1410
2096+charter school governing board's discretion, as applicable, 1411
2097+pursuant to s. 30.15, a school district or charter school 1412
2098+governing board may participate in the Coach Aaron Feis Guardian 1413
2099+Program to meet the requirement of establishing a safe -school 1414
2100+officer. The following individuals may serve as a school 1415
2101+guardian, in support of school -sanctioned activities for 1416
2102+purposes of s. 790.115, upon satisfactory completion of the 1417
2103+requirements under s. 30.15(1)(k) an d certification by a 1418
2104+sheriff: 1419
2105+ (a) A school district employee or personnel, as defined 1420
2106+under s. 1012.01, or a charter school employee, as provided 1421
2107+under s. 1002.33(12)(a), who volunteers to serve as a school 1422
2108+guardian in addition to his or her official job duties; or 1423
2109+ (b) An employee of a school district or a charter school 1424
2110+who is hired for the specific purpose of serving as a school 1425
2111+
2112+HB 5101 2022
2113+
2114+
2115+
2116+CODING: Words stricken are deletions; words underlined are additions.
2117+hb5101-00
2118+Page 58 of 76
2119+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2120+
2121+
2122+
2123+guardian. 1426
2124+ (4) SCHOOL SECURITY GUARD. —A school district or charter 1427
2125+school governing board may contract with a security agency as 1428
2126+defined in s. 493.6101(18) to employ as a school security guard 1429
2127+an individual who holds a Class "D" and Class "G" license 1430
2128+pursuant to chapter 493, provided the following training and 1431
2129+contractual conditions are met: 1432
2130+ (a) An individual who serves as a school security guard, 1433
2131+for purposes of satisfying the requirements of this section, 1434
2132+must: 1435
2133+ 1. Demonstrate completion of 144 hours of required 1436
2134+training pursuant to s. 30.15(1)(k)2. 1437
2135+ 2. Pass a psychological evaluation administered by a 1438
2136+psychologist licensed under chapter 490 and designated by the 1439
2137+Department of Law Enforcement and submit the results of the 1440
2138+evaluation to the sheriff's office, school district, or charter 1441
2139+school governing board, as applicable. The Department of Law 1442
2140+Enforcement is authorize d to provide the sheriff's office, 1443
2141+school district, or charter school governing board with mental 1444
2142+health and substance abuse data for compliance with this 1445
2143+paragraph. 1446
2144+ 3. Submit to and pass an initial drug test and subsequent 1447
2145+random drug tests in accordanc e with the requirements of s. 1448
2146+112.0455 and the sheriff's office, school district, or charter 1449
2147+school governing board, as applicable. 1450
2148+
2149+HB 5101 2022
2150+
2151+
2152+
2153+CODING: Words stricken are deletions; words underlined are additions.
2154+hb5101-00
2155+Page 59 of 76
2156+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2157+
2158+
2159+
2160+ 4. Successfully complete ongoing training, weapon 1451
2161+inspection, and firearm qualification on at least an annual 1452
2162+basis and provide documentation to the sheriff's office, school 1453
2163+district, or charter school governing board, as applicable. 1454
2164+ (b) The contract between a security agency and a school 1455
2165+district or a charter school governing board regarding 1456
2166+requirements applicable to scho ol security guards serving in the 1457
2167+capacity of a safe-school officer for purposes of satisfying the 1458
2168+requirements of this section shall define the entity or entities 1459
2169+responsible for training and the responsibilities for 1460
2170+maintaining records relating to traini ng, inspection, and 1461
2171+firearm qualification. 1462
2172+ (c) School security guards serving in the capacity of a 1463
2173+safe-school officer pursuant to this subsection are in support 1464
2174+of school-sanctioned activities for purposes of s. 790.115, and 1465
2175+must aid in the prevention o r abatement of active assailant 1466
2176+incidents on school premises. 1467
2177+ (5) NOTIFICATION.—The school district shall notify the 1468
2178+county sheriff and the Office of Safe Schools immediately after, 1469
2179+but no later than 72 hours after: 1470
2180+ (a) A safe-school officer is dismiss ed for misconduct or 1471
2181+is otherwise disciplined. 1472
2182+ (b) A safe-school officer discharges his or her firearm in 1473
2183+the exercise of the safe -school officer's duties, other than for 1474
2184+training purposes. 1475
2185+
2186+HB 5101 2022
2187+
2188+
2189+
2190+CODING: Words stricken are deletions; words underlined are additions.
2191+hb5101-00
2192+Page 60 of 76
2193+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2194+
2195+
2196+
2197+ (6) EXEMPTION.—Any information that would identify whether 1476
2198+a particular individual has been appointed as a safe -school 1477
2199+officer pursuant to this section held by a law enforcement 1478
2200+agency, school district, or charter school is exempt from s. 1479
2201+119.07(1) and s. 24(a), Art. I of the State Constitution. This 1480
2202+subsection is subject to the Open Government Sunset Review Act 1481
2203+in accordance with s. 119.15 and shall stand repealed on October 1482
2204+2, 2023, unless reviewed and saved from repeal through 1483
2205+reenactment by the Legislature. 1484
2206+ 1485
2207+If a district school board, through its adopted policies , 1486
2208+procedures, or actions, denies a charter school access to any 1487
2209+safe-school officer options pursuant to this section, the school 1488
2210+district must assign a school resource officer or school safety 1489
2211+officer to the charter school. Under such circumstances, the 1490
2212+charter school's share of the costs of the school resource 1491
2213+officer or school safety officer may not exceed the safe school 1492
2214+allocation funds provided to the charter school pursuant to s. 1493
2215+1011.62(12) s. 1011.62(13) and shall be retained by the school 1494
2216+district. 1495
2217+ Section 12. Paragraph (a) of subsection (3) of section 1496
2218+1010.20, Florida Statutes, is amended to read: 1497
2219+ 1010.20 Cost accounting and reporting for school 1498
2220+districts.— 1499
2221+ (3) PROGRAM EXPENDITURE REQUIREMENTS. — 1500
2222+
2223+HB 5101 2022
2224+
2225+
2226+
2227+CODING: Words stricken are deletions; words underlined are additions.
2228+hb5101-00
2229+Page 61 of 76
2230+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2231+
2232+
2233+
2234+ (a) Each district shall expend at least the percent of the 1501
2235+funds generated by each of the programs listed in this section 1502
2236+on the aggregate total school costs for such programs: 1503
2237+ 1. Kindergarten and grades 1, 2, and 3, 90 percent. 1504
2238+ 2. Grades 4, 5, 6, 7, and 8, 80 percent. 1505
2239+ 3. Grades 9, 10, 11, an d 12, 80 percent. 1506
2240+ 4. Programs for exceptional students, on an aggregate 1507
2241+program basis, 90 percent. 1508
2242+ 5. Grades 7 through 12 career education programs, on an 1509
2243+aggregate program basis, 80 percent. 1510
2244+ 6. Students-at-risk programs, on an aggregate program 1511
2245+basis, 80 percent. 1512
2246+ 7. Juvenile justice programs, on an aggregate program 1513
2247+basis, 95 90 percent. 1514
2248+ 8. Any new program established and funded under s. 1515
2249+1011.62(1)(c), that is not included under subparagraphs 1. -7., 1516
2250+on an aggregate basis as appropriate, 80 percen t. 1517
2251+ Section 13. Subsections (11) through (14) of section 1518
2252+1011.62, Florida Statutes, are renumbered as (10) through (13), 1519
2253+respectively, subsections (16) through (19) are renumbered as 1520
2254+subsections (14) through (17), respectively, and paragraph (s) 1521
2255+of subsection (1), paragraph (a) of subsection (4), paragraph 1522
2256+(b) of subsection (6), subsection (10), and present subsections 1523
2257+(12) and (15) of that section are amended, to read: 1524
2258+ 1011.62 Funds for operation of schools. —If the annual 1525
2259+
2260+HB 5101 2022
2261+
2262+
2263+
2264+CODING: Words stricken are deletions; words underlined are additions.
2265+hb5101-00
2266+Page 62 of 76
2267+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2268+
2269+
2270+
2271+allocation from the Florida E ducation Finance Program to each 1526
2272+district for operation of schools is not determined in the 1527
2273+annual appropriations act or the substantive bill implementing 1528
2274+the annual appropriations act, it shall be determined as 1529
2275+follows: 1530
2276+ (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1531
2277+OPERATION.—The following procedure shall be followed in 1532
2278+determining the annual allocation to each district for 1533
2279+operation: 1534
2280+ (s) Determination of the basic amount for current 1535
2281+operation.—The basic amount for current operation to be included 1536
2282+in the Florida Education Finance Program for kindergarten 1537
2283+through grade 12 for each district shall be the product of the 1538
2284+following: 1539
2285+ 1. The full-time equivalent student membership in each 1540
2286+program, multiplied by 1541
2287+ 2. The cost factor for each progr am, adjusted for the 1542
2288+maximum as provided by paragraph (c), multiplied by 1543
2289+ 3. The district cost differential, multiplied by 1544
2290+ 4.3. The base student allocation. 1545
2291+ (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT. —The 1546
2292+Legislature shall prescribe the aggrega te required local effort 1547
2293+for all school districts collectively as an item in the General 1548
2294+Appropriations Act for each fiscal year. The amount that each 1549
2295+district shall provide annually toward the cost of the Florida 1550
2296+
2297+HB 5101 2022
2298+
2299+
2300+
2301+CODING: Words stricken are deletions; words underlined are additions.
2302+hb5101-00
2303+Page 63 of 76
2304+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2305+
2306+
2307+
2308+Education Finance Program for kindergarten through grade 12 1551
2309+programs shall be calculated as follows: 1552
2310+ (a) Estimated taxable value calculations. — 1553
2311+ 1.a. Not later than 2 working days before July 19, the 1554
2312+Department of Revenue shall certify to the Commissioner of 1555
2313+Education its most recent estimate o f the taxable value for 1556
2314+school purposes in each school district and the total for all 1557
2315+school districts in the state for the current calendar year 1558
2316+based on the latest available data obtained from the local 1559
2317+property appraisers. The value certified shall be t he taxable 1560
2318+value for school purposes for that year, and no further 1561
2319+adjustments shall be made, except those made pursuant to 1562
2320+paragraphs (c) and (d), or an assessment roll change required by 1563
2321+final judicial decisions as specified in paragraph (15)(b) 1564
2322+(17)(b). Not later than July 19, the Commissioner of Education 1565
2323+shall compute a millage rate, rounded to the next highest one 1566
2324+one-thousandth of a mill, which, when applied to 96 percent of 1567
2325+the estimated state total taxable value for school purposes, 1568
2326+would generate the prescribed aggregate required local effort 1569
2327+for that year for all districts. The Commissioner of Education 1570
2328+shall certify to each district school board the millage rate, 1571
2329+computed as prescribed in this subparagraph, as the minimum 1572
2330+millage rate necessary t o provide the district required local 1573
2331+effort for that year. 1574
2332+ b. The General Appropriations Act shall direct the 1575
2333+
2334+HB 5101 2022
2335+
2336+
2337+
2338+CODING: Words stricken are deletions; words underlined are additions.
2339+hb5101-00
2340+Page 64 of 76
2341+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2342+
2343+
2344+
2345+computation of the statewide adjusted aggregate amount for 1576
2346+required local effort for all school districts collectively from 1577
2347+ad valorem taxes to ensure that no school district's revenue 1578
2348+from required local effort millage will produce more than 90 1579
2349+percent of the district's total Florida Education Finance 1580
2350+Program calculation as calculated and adopted by the 1581
2351+Legislature, and the adjustment of the req uired local effort 1582
2352+millage rate of each district that produces more than 90 percent 1583
2353+of its total Florida Education Finance Program entitlement to a 1584
2354+level that will produce only 90 percent of its total Florida 1585
2355+Education Finance Program entitlement in the Ju ly calculation. 1586
2356+ 2. On the same date as the certification in sub -1587
2357+subparagraph 1.a., the Department of Revenue shall certify to 1588
2358+the Commissioner of Education for each district: 1589
2359+ a. Each year for which the property appraiser has 1590
2360+certified the taxable value pursuant to s. 193.122(2) or (3), if 1591
2361+applicable, since the prior certification under sub -subparagraph 1592
2362+1.a. 1593
2363+ b. For each year identified in sub -subparagraph a., the 1594
2364+taxable value certified by the appraiser pursuant to s. 1595
2365+193.122(2) or (3), if applicable, since the prior certification 1596
2366+under sub-subparagraph 1.a. This is the certification that 1597
2367+reflects all final administrative actions of the value 1598
2368+adjustment board. 1599
2369+ (6) CATEGORICAL FUNDS. — 1600
2370+
2371+HB 5101 2022
2372+
2373+
2374+
2375+CODING: Words stricken are deletions; words underlined are additions.
2376+hb5101-00
2377+Page 65 of 76
2378+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2379+
2380+
2381+
2382+ (b) If a district school board finds and declares in a 1601
2383+resolution adopted at a regular meeting of the school board that 1602
2384+the funds received for any of the following categorical 1603
2385+appropriations are urgently needed to maintain school board 1604
2386+specified academic classroom instruction or improve school 1605
2387+safety, the school board ma y consider and approve an amendment 1606
2388+to the school district operating budget transferring the 1607
2389+identified amount of the categorical funds to the appropriate 1608
2390+account for expenditure: 1609
2391+ 1. Funds for student transportation. 1610
2392+ 2. Funds for evidence -based reading instruction if the 1611
2393+required additional hour of instruction beyond the normal school 1612
2394+day for each day of the entire school year has been provided for 1613
2395+the students in each low -performing elementary school in the 1614
2396+district pursuant to paragraph (8)(a). 1615
2397+ 3. Funds for instructional materials if all instructional 1616
2398+material purchases necessary to provide updated materials that 1617
2399+are aligned with applicable state standards and course 1618
2400+descriptions and that meet statutory requirements of content and 1619
2401+learning have been completed for that fiscal year, but no sooner 1620
2402+than March 1. Funds available after March 1 may be used to 1621
2403+purchase computers and device hardware for student instruction 1622
2404+that comply with the requirements of s. 1001.20(4)(a)1.b . 1623
2405+ 4. Funds for the guaranteed allocation as provided in 1624
2406+subparagraph (1)(e)2. 1625
2407+
2408+HB 5101 2022
2409+
2410+
2411+
2412+CODING: Words stricken are deletions; words underlined are additions.
2413+hb5101-00
2414+Page 66 of 76
2415+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2416+
2417+
2418+
2419+ 5. Funds for the supplemental academic instruction 1626
2420+allocation as provided in paragraph (1)(f). 1627
2421+ 6. Funds for the Florida digital classrooms allocation as 1628
2422+provided in subsection (10). 1629
2423+ 6.7. Funds for the federally connected student supplement 1630
2424+as provided in subsection (10) (11). 1631
2425+ 7.8. Funds for class size reduction as provided in s. 1632
2426+1011.685. 1633
2427+ (10) FLORIDA DIGITAL CLASSROOMS ALLOCATION. — 1634
2428+ (a) The Florida digital classrooms allocation is created 1635
2429+to support the efforts of school districts and schools, 1636
2430+including charter schools, to integrate technology in classroom 1637
2431+teaching and learning to ensure students have access to high -1638
2432+quality electronic and digital instructional materials and 1639
2433+resources, and empower cl assroom teachers to help their students 1640
2434+succeed. Each school district shall receive a minimum digital 1641
2435+classrooms allocation in the amount provided in the General 1642
2436+Appropriations Act. The remaining balance of the digital 1643
2437+classrooms allocation shall be alloca ted based on each school 1644
2438+district's proportionate share of the state's total unweighted 1645
2439+full-time equivalent student enrollment. 1646
2440+ (b) Funds allocated under this subsection must be used for 1647
2441+costs associated with: 1648
2442+ 1. Acquiring and maintaining the items on the eligible 1649
2443+services list authorized by the Universal Service Administrative 1650
2444+
2445+HB 5101 2022
2446+
2447+
2448+
2449+CODING: Words stricken are deletions; words underlined are additions.
2450+hb5101-00
2451+Page 67 of 76
2452+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2453+
2454+
2455+
2456+Company for the Schools and Libraries Program, more commonly 1651
2457+referred to as the federal E -rate program. 1652
2458+ 2. Acquiring computer and device hardware and associated 1653
2459+operating system software that comply with the requirements of 1654
2460+s. 1001.20(4)(a)1.b. 1655
2461+ 3. Providing professional development, including in -state 1656
2462+conference attendance or online coursework, to enhance the use 1657
2463+of technology for digital instructional strategies. 1658
2464+ (11)(12) QUALITY ASSURANCE GUARANTEE. —The Legislature may 1659
2465+annually in the General Appropriations Act determine a 1660
2466+percentage increase in funds per K -12 unweighted FTE as a 1661
2467+minimum guarantee to each school district. The guarantee shall 1662
2468+be calculated from prior year base funding per unweighted FTE 1663
2469+student which shall include the adjusted FTE dollars as provided 1664
2470+in subsection (15) (17), quality guarantee funds, and actual 1665
2471+nonvoted discretionary local effort from taxes. From the base 1666
2472+funding per unweighted FTE, the inc rease shall be calculated for 1667
2473+the current year. The current year funds from which the 1668
2474+guarantee shall be determined shall include the adjusted FTE 1669
2475+dollars as provided in subsection (15) (17) and potential 1670
2476+nonvoted discretionary local effort from taxes. A c omparison of 1671
2477+current year funds per unweighted FTE to prior year funds per 1672
2478+unweighted FTE shall be computed. For those school districts 1673
2479+which have less than the legislatively assigned percentage 1674
2480+increase, funds shall be provided to guarantee the assigned 1675
2481+
2482+HB 5101 2022
2483+
2484+
2485+
2486+CODING: Words stricken are deletions; words underlined are additions.
2487+hb5101-00
2488+Page 68 of 76
2489+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2490+
2491+
2492+
2493+percentage increase in funds per unweighted FTE student. Should 1676
2494+appropriated funds be less than the sum of this calculated 1677
2495+amount for all districts, the commissioner shall prorate each 1678
2496+district's allocation. This provision shall be implemented to 1679
2497+the extent specifically funded. 1680
2498+ (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION. —The 1681
2499+Legislature may provide an annual funding compression and hold 1682
2500+harmless allocation in the General Appropriations Act. The 1683
2501+allocation is created to provide additional funding to school 1684
2502+districts if the school district's total funds per FTE in the 1685
2503+prior year were less than the statewide average or if the school 1686
2504+district's district cost differential in the current year is 1687
2505+less than the prior year. The total allocation shall be 1688
2506+distributed to eligible school districts as follows: 1689
2507+ (a) Using the most recent prior year FEFP calculation for 1690
2508+each eligible school district, subtract the total school 1691
2509+district funds per FTE from the state average funds per FTE, not 1692
2510+including any adjustme nts made pursuant to paragraph (17)(b). 1693
2511+The resulting funds per FTE difference, or a portion thereof, as 1694
2512+designated in the General Appropriations Act, shall then be 1695
2513+multiplied by the school district's total unweighted FTE. 1696
2514+ (b) Multiply the absolute value of the difference between 1697
2515+the eligible school district's current year district cost 1698
2516+differential and the prior year district cost differential by a 1699
2517+hold harmless factor as designated in the General Appropriations 1700
2518+
2519+HB 5101 2022
2520+
2521+
2522+
2523+CODING: Words stricken are deletions; words underlined are additions.
2524+hb5101-00
2525+Page 69 of 76
2526+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2527+
2528+
2529+
2530+Act. The result is the district cost diffe rential hold harmless 1701
2531+index. Multiply the index by the eligible school district's 1702
2532+weighted FTE and by the base student allocation as designated in 1703
2533+the General Appropriations Act. 1704
2534+ (c) For each district, select the greater of the amounts 1705
2535+calculated in paragraphs (a) and (b) and upon summation, if the 1706
2536+total amount is greater than the amount included in the General 1707
2537+Appropriations Act, the allocation shall be prorated to the 1708
2538+appropriation amount based on each participating school 1709
2539+district's share. 1710
2540+ 1711
2541+This subsection expires July 1, 2022. 1712
2542+ Section 14. Subsection (1) of section 1011.71, Florida 1713
2543+Statutes, is amended to read: 1714
2544+ 1011.71 District school tax. — 1715
2545+ (1) If the district school tax is not provided in the 1716
2546+General Appropriations Act or the substantive bill i mplementing 1717
2547+the General Appropriations Act, each district school board 1718
2548+desiring to participate in the state allocation of funds for 1719
2549+current operation as prescribed by s. 1011.62(15) s. 1011.62(17) 1720
2550+shall levy on the taxable value for school purposes of the 1721
2551+district, exclusive of millage voted under s. 9(b) or s. 12, 1722
2552+Art. VII of the State Constitution, a millage rate not to exceed 1723
2553+the amount certified by the commissioner as the minimum millage 1724
2554+rate necessary to provide the district required local effort for 1725
2555+
2556+HB 5101 2022
2557+
2558+
2559+
2560+CODING: Words stricken are deletions; words underlined are additions.
2561+hb5101-00
2562+Page 70 of 76
2563+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2564+
2565+
2566+
2567+the current year, pursuant to s. 1011.62(4)(a)1. In addition to 1726
2568+the required local effort millage levy, each district school 1727
2569+board may levy a nonvoted current operating discretionary 1728
2570+millage. The Legislature shall prescribe annually in the 1729
2571+appropriations act the maximum amount of millage a district may 1730
2572+levy. 1731
2573+ Section 15. Paragraph (c) of subsection (1) of section 1732
2574+1012.22, Florida Statutes, is amended to read: 1733
2575+ 1012.22 Public school personnel; powers and duties of the 1734
2576+district school board. —The district school board shall: 1735
2577+ (1) Designate positions to be filled, prescribe 1736
2578+qualifications for those positions, and provide for the 1737
2579+appointment, compensation, promotion, suspension, and dismissal 1738
2580+of employees as follows, subject to the requirements of this 1739
2581+chapter: 1740
2582+ (c) Compensation and salary schedules. — 1741
2583+ 1. Definitions.—As used in this paragraph: 1742
2584+ a. "Adjustment" means an addition to the base salary 1743
2585+schedule that is not a bonus and becomes part of the employee's 1744
2586+permanent base salary and shall be considered c ompensation under 1745
2587+s. 121.021(22). 1746
2588+ b. "Grandfathered salary schedule" means the salary 1747
2589+schedule or schedules adopted by a district school board before 1748
2590+July 1, 2014, pursuant to subparagraph 4. 1749
2591+ c. "Instructional personnel" means instructional personnel 1750
2592+
2593+HB 5101 2022
2594+
2595+
2596+
2597+CODING: Words stricken are deletions; words underlined are additions.
2598+hb5101-00
2599+Page 71 of 76
2600+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2601+
2602+
2603+
2604+as defined in s. 1012.01(2)(a) -(d), excluding substitute 1751
2605+teachers. 1752
2606+ d. "Performance salary schedule" means the salary schedule 1753
2607+or schedules adopted by a district school board pursuant to 1754
2608+subparagraph 5. 1755
2609+ e. "Salary schedule" means the schedule or schedule s used 1756
2610+to provide the base salary for district school board personnel. 1757
2611+ f. "School administrator" means a school administrator as 1758
2612+defined in s. 1012.01(3)(c). 1759
2613+ g. "Supplement" means an annual addition to the base 1760
2614+salary for the term of the negotiated sup plement as long as the 1761
2615+employee continues his or her employment for the purpose of the 1762
2616+supplement. A supplement does not become part of the employee's 1763
2617+continuing base salary but shall be considered compensation 1764
2618+under s. 121.021(22). 1765
2619+ 2. Cost-of-living adjustment.—A district school board may 1766
2620+provide a cost-of-living salary adjustment if the adjustment: 1767
2621+ a. Does not discriminate among comparable classes of 1768
2622+employees based upon the salary schedule under which they are 1769
2623+compensated. 1770
2624+ b. Does not exceed 50 per cent of the annual adjustment 1771
2625+provided to instructional personnel rated as effective. 1772
2626+ 3. Advanced degrees. —A district school board may not use 1773
2627+advanced degrees in setting a salary schedule for instructional 1774
2628+personnel or school administrators hired on or after July 1, 1775
2629+
2630+HB 5101 2022
2631+
2632+
2633+
2634+CODING: Words stricken are deletions; words underlined are additions.
2635+hb5101-00
2636+Page 72 of 76
2637+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2638+
2639+
2640+
2641+2011, unless the advanced degree is held in the individual's 1776
2642+area of certification and is only a salary supplement. 1777
2643+ 4. Grandfathered salary schedule. — 1778
2644+ a. The district school board shall adopt a salary schedule 1779
2645+or salary schedules to be us ed as the basis for paying all 1780
2646+school employees hired before July 1, 2014. Instructional 1781
2647+personnel on annual contract as of July 1, 2014, shall be placed 1782
2648+on the performance salary schedule adopted under subparagraph 5. 1783
2649+Instructional personnel on continuing contract or professional 1784
2650+service contract may opt into the performance salary schedule if 1785
2651+the employee relinquishes such contract and agrees to be 1786
2652+employed on an annual contract under s. 1012.335. Such an 1787
2653+employee shall be placed on the performance salary schedule and 1788
2654+may not return to continuing contract or professional service 1789
2655+contract status. Any employee who opts into the performance 1790
2656+salary schedule may not return to the grandfathered salary 1791
2657+schedule. 1792
2658+ b. In determining the grandfathered salary schedu le for 1793
2659+instructional personnel, a district school board must base a 1794
2660+portion of each employee's compensation upon performance 1795
2661+demonstrated under s. 1012.34 and shall provide differentiated 1796
2662+pay for both instructional personnel and school administrators 1797
2663+based upon district-determined factors, including, but not 1798
2664+limited to, additional responsibilities, school demographics, 1799
2665+critical shortage areas, and level of job performance 1800
2666+
2667+HB 5101 2022
2668+
2669+
2670+
2671+CODING: Words stricken are deletions; words underlined are additions.
2672+hb5101-00
2673+Page 73 of 76
2674+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2675+
2676+
2677+
2678+difficulties. 1801
2679+ 5. Performance salary schedule. —By July 1, 2014, the 1802
2680+district school board shall adopt a performance salary schedule 1803
2681+that provides annual salary adjustments for instructional 1804
2682+personnel and school administrators based upon performance 1805
2683+determined under s. 1012.34. Employees hired on or after July 1, 1806
2684+2014, or employees who cho ose to move from the grandfathered 1807
2685+salary schedule to the performance salary schedule shall be 1808
2686+compensated pursuant to the performance salary schedule once 1809
2687+they have received the appropriate performance evaluation for 1810
2688+this purpose. 1811
2689+ a. Base salary.—The base salary shall be established as 1812
2690+follows: 1813
2691+ (I) The base salary for instructional personnel or school 1814
2692+administrators who opt into the performance salary schedule 1815
2693+shall be the salary paid in the prior year, including 1816
2694+adjustments only. 1817
2695+ (II) Instructional personnel or school administrators new 1818
2696+to the district, returning to the district after a break in 1819
2697+service without an authorized leave of absence, or appointed for 1820
2698+the first time to a position in the district in the capacity of 1821
2699+instructional personnel or s chool administrator shall be placed 1822
2700+on the performance salary schedule. Beginning July 1, 2021, and 1823
2701+until such time as the minimum base salary as defined in s. 1824
2702+1011.62(14) s. 1011.62(16) equals or exceeds $47,500, the annual 1825
2703+
2704+HB 5101 2022
2705+
2706+
2707+
2708+CODING: Words stricken are deletions; words underlined are additions.
2709+hb5101-00
2710+Page 74 of 76
2711+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2712+
2713+
2714+
2715+increase to the minimum base sa lary shall not be less than 150 1826
2716+percent of the largest adjustment made to the salary of an 1827
2717+employee on the grandfathered salary schedule. Thereafter, the 1828
2718+annual increase to the minimum base salary shall not be less 1829
2719+than 75 percent of the largest adjustment for an employee on the 1830
2720+grandfathered salary schedule. 1831
2721+ b. Salary adjustments. —Salary adjustments for highly 1832
2722+effective or effective performance shall be established as 1833
2723+follows: 1834
2724+ (I) The annual salary adjustment under the performance 1835
2725+salary schedule for a n employee rated as highly effective must 1836
2726+be at least 25 percent greater than the highest annual salary 1837
2727+adjustment available to an employee of the same classification 1838
2728+through any other salary schedule adopted by the district. 1839
2729+ (II) The annual salary adjus tment under the performance 1840
2730+salary schedule for an employee rated as effective must be equal 1841
2731+to at least 50 percent and no more than 75 percent of the annual 1842
2732+adjustment provided for a highly effective employee of the same 1843
2733+classification. 1844
2734+ (III) A salary schedule shall not provide an annual salary 1845
2735+adjustment for an employee who receives a rating other than 1846
2736+highly effective or effective for the year. 1847
2737+ c. Salary supplements. —In addition to the salary 1848
2738+adjustments, each district school board shall provide for salary 1849
2739+supplements for activities that must include, but are not 1850
2740+
2741+HB 5101 2022
2742+
2743+
2744+
2745+CODING: Words stricken are deletions; words underlined are additions.
2746+hb5101-00
2747+Page 75 of 76
2748+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2749+
2750+
2751+
2752+limited to: 1851
2753+ (I) Assignment to a Title I eligible school. 1852
2754+ (II) Assignment to a school that earned a grade of "F" or 1853
2755+three consecutive grades of "D" pursuant to s. 1008.34 such that 1854
2756+the supplement remains in force for at least 1 year following 1855
2757+improved performance in that school. 1856
2758+ (III) Certification and teaching in critical teacher 1857
2759+shortage areas. Statewide critical teacher shortage areas shall 1858
2760+be identified by the State Board of Education under s. 1012.07. 1859
2761+However, the district school board may identify other areas of 1860
2762+critical shortage within the school district for purposes of 1861
2763+this sub-sub-subparagraph and may remove areas identified by the 1862
2764+state board which do not apply within the school district. 1863
2765+ (IV) Assignment of additional academic responsibilities. 1864
2766+ 1865
2767+If budget constraints in any given year limit a district school 1866
2768+board's ability to fully fund all adopted salary schedules, the 1867
2769+performance salary schedule shall not be reduced on the b asis of 1868
2770+total cost or the value of individual awards in a manner that is 1869
2771+proportionally greater than reductions to any other salary 1870
2772+schedules adopted by the district. 1871
2773+ Section 16. Subsection (4) of section 1012.584, Florida 1872
2774+Statutes, is amended to read: 1873
2775+ 1012.584 Continuing education and inservice training for 1874
2776+youth mental health awareness and assistance. — 1875
2777+
2778+HB 5101 2022
2779+
2780+
2781+
2782+CODING: Words stricken are deletions; words underlined are additions.
2783+hb5101-00
2784+Page 76 of 76
2785+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2786+
2787+
2788+
2789+ (4) Each school district shall notify all school personnel 1876
2790+who have received training pursuant to this section of mental 1877
2791+health services that are a vailable in the school district, and 1878
2792+the individual to contact if a student needs services. The term 1879
2793+"mental health services" includes, but is not limited to, 1880
2794+community mental health services, health care providers, and 1881
2795+services provided under ss. 1006.04 and 1011.62(13) 1011.62(14). 1882
2796+ Section 17. This act shall take effect July 1, 2022. 1883