This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0443b.EEC
DATE: 4/13/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 443 Education
SPONSOR(S): Education & Employment Committee, Choice & Innovation Subcommittee, Valdés
TIED BILLS: None. IDEN./SIM. BILLS: SB 986
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee 14 Y, 0 N, As CS Dixon Sleap
2) Education & Employment Committee 21 Y, 0 N, As CS Dixon Hassell
SUMMARY ANALYSIS
The bill requires a charter school sponsor to annually provide a report to its charter schools on what
administrative and educational services are being rendered from the sponsor’s portion of the administrative
fee. The report must include the listed services and be submitted to the Department of Education by
September 15 of each year. Additionally, a sponsor is required, as a part of providing administrative and
education services to a school, to provide training on systems the sponsor will require the charter school to
use.
The bill requires a charter school sponsor to timely review and reimburse federal grant funds to a charter
school within 60 calendar days from the date of submission, if the submission provides all the necessary
information to qualify for reimbursement. A sponsor who does not reimburse within the 60 calendar days is
required to pay interest to the charter school.
The bill requires the State Board of Education to adopt rules to implement a standard monitoring tool for
conducting annual site reviews of charter schools.
The bill authorizes a charter school to give enrollment preference to students who are the children of a safe-
school officer at the charter school.
The bill extends the validity period of an adjunct teaching certificate from 3 to 5 years.
The bill expands the definition of “classroom teacher” eligible for the Florida Teachers Supply Assistance
Program to also include an administrator or a substitute teacher who holds a valid teaching certificate and who
is filling a vacancy in an identified teaching position on or before September 1 of each year.
The bill authorizes private tutoring to be provided to up to 25 students in specified facilities under existing
zoning and land use designations without obtaining a special exception, rezoning, or a land use change.
To protect the health and safety of Florida’s students, the bill also requires each district school board to hang a
poster that contains step-by-step instructions on how to provide emergency first aid for choking on conscious
individuals in each public school cafeteria within the school district. The poster must be easily visible and
prominently placed.
The bill does not appear to have a fiscal impact.
The bill has an effective date of July 1, 2023.
STORAGE NAME: h0443b.EEC PAGE: 2
DATE: 4/13/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Florida Charter Schools
Present Situation
All charter schools in Florida are tuition-free public schools within the state’s public education system.
1
Charter schools are nonsectarian and operate under a performance contract with a sponsor.
2
This
performance contract is known as a “charter.”
3
The charter exempts the school from many regulations
applicable to traditional public schools to encourage the use of innovative learning methods.
4
One of
the guiding principles of charter schools is to “meet high standards of student achievement while
providing parents flexibility to choose among diverse educational opportunities within the state’s public
school system.”
5
In Florida, several types of entities may authorize or “sponsor” charter schools:
School districts, Florida College System (FCS) institutions, and state universities may sponsor
charter schools.
6
State universities may sponsor charter lab schools.
7
School districts, FCS institutions, or a consortium of school districts or FCS institutions may
sponsor a charter technical career center.
8
During the 2021-22 school year, over 361,939 students were in enrolled in 703 charter schools in 47 of
Florida’s 67 school districts.
9
Charter School Sponsor’s Responsibilities
A charter school sponsor’s responsibilities include:
10
approving or denying charter school applications;
overseeing each sponsored charter school’s progress toward the goals established in the
charter;
monitoring the revenues and expenditures of the charter school;
ensuring that the charter school participates in the state's education accountability system; and
intervening when a sponsored charter school demonstrates deficient student performance or
financial instability.
A sponsor must provide various administrative and educational services to charter schools, such as
contract management, student enrollment and achievement data reporting, exceptional student
education program administration, eligibility determination and reporting for National School Lunch
1
Section 1002.33(1), F.S. Florida’s first charter school law was enacted in 1996. Chapter 96-186, L.O.F., initially codified at s.
228.056, F.S., re-designated in 2002 as s. 1002.33, F.S.
2
Section 1002.33(1), (7), and (9)(a), F.S.
3
Section 1002.33(7) and (9)(c), F.S.
4
Section 1002.33(2)(b)3. and (16), F.S.
5
Section 1002.33(2)(a)1., F.S.
6
Section 1002.33(5)(a)1.-3., F.S.; In 2021, the Legislature authorized Florida’s state universities and FCS institutions to solicit
applications and sponsor charter schools upon approval by the DOE. A state university or FCS institution may, at its discretion, deny
an application for a charter school. S. 1002.33(5)(a)3.c., F.S.
7
Sections 1002.32(2) and 1002.33(5)(a)2., F.S.
8
Section 1002.34(3)(a)-(b), F.S.
9
Florida Department of Education, Fact Sheet, Office of Independent Education & Parental Choice, Florida’s Charter Schools (Sept.
2022), available at Charter-Sept-2022 (fldoe.org).
10
Section 1002.33(5)(b), F.S. STORAGE NAME: h0443b.EEC PAGE: 3
DATE: 4/13/2023
Program, assessment test administration, processing of teacher certification data and student
information services.
11
A sponsor may withhold an administrative fee for the various administrative services provided to the
charter school. The amount withheld is a percentage based on weighted full-time equivalent students.
12
The administrative fee is calculated, up to five percent for:
13
Enrollment of up to and including 250 students in a charter school or virtual charter school.
Enrollment of up to and including 500 students within a charter school system and meets all of
the following:
o Includes conversion charter schools and nonconversion charter schools.
o Has all of its schools located in the same county.
o Has a total enrollment exceeding the total enrollment of at least one school district in
Florida.
o Has the same governing board for all of its schools.
o Does not contract with a for-profit service provider for management of school operations.
A sponsor may withhold up to two percent for enrollment of up to and including 250 students in a high-
performing charter school or up 250 students in an exceptional student education center that meets
specified requirements.
14
The sponsor is required to provide to the Department of Education (DOE), by September 15 of each
year, the total amount of funding withheld from the charter schools for the prior fiscal year.
15
Charter School Funding
Like traditional public schools, charter school operations are funded through the Florida Education
Finance Program (FEFP) based on student enrollment. Each charter school reports student enrollment
to its sponsor for inclusion in the district’s report of student enrollment.
16
The following chart
summarizes how a charter school’s share of FEFP funds is determined:
Calculating a Charter School’s Share of FEFP Funds
17
Sum of the district’s
operating funds from
the FEFP and the
General Appropriations
Act (GAA), including
the district’s gross state
and local funds,
discretionary lottery
funds, and funds from
the district’s current
operating discretionary
tax levies
÷
The total funded
weighted full-time
equivalent students
in the district
×
The weighted full-
time equivalent
students for the
charter school
=
Charter school
allotment of FEFP
dollars
11
Section 1002.33(20)(a)1., F.S.
12
Section 1002.33(20)(a)2., F.S., If a charter school serves 75 percent or more exceptional education students, the percentage is
required to be calculated based on unweighted full-time equivalent students.
13
Section 1002.33(20)(a)2.a., F.S.
14
Section 1002.33(20)(a)b.-c., F.S. A charter school that is an exceptional student education center and that receives two consecutive
ratings of “maintaining” or higher may replicate its educational program. The Commissioner of Education, upon request by a charter
school, shall verify that the charter school meets the requirements and provide a letter to the charter school and the sponsor stating that
the charter school may replicate its educational program in the same manner as a high-performing charter school, see s. 1008.3415,
F.S.
15
Section 1002.33(20)(a)4., F.S.
16
Section 1002.33(17)(a)-(b), F.S.
17
Section 1002.33(17)(b) and (c), F.S. STORAGE NAME: h0443b.EEC PAGE: 4
DATE: 4/13/2023
A charter school is also entitled to a proportionate share of categorical funds included in the FEFP for
students who qualify for the categorical.
18
Categorical funds must be spent for specified purposes,
which include student transportation, safe schools, supplemental academic instruction, evidence-based
reading instruction, mental health assistance, instructional materials, teacher classroom supplies, class-
size reduction operating funds, and teacher salary increases.
19
Total funding for each charter school is recalculated during the year to reflect the revised calculations
under the FEFP by the state and the actual weighted FTE reported by the charter school during the
survey periods.
20
Sponsors are required to make timely and efficient payment and reimbursements to charter schools,
including processing paperwork required to access special state and federal funding for which they may
be eligible to receive.
21
Once a sponsor receives state or federal funds, the payments must be issued to the charter school no
later than 10 working days after receipt of such funds. If a warrant for payment is not issued within 10
working days after receipt, the sponsor is required to pay to the charter school, in addition to the
amount of the scheduled disbursement, interest at a rate of one percent per month calculated on a
daily basis on the unpaid balance from the expiration of the 10 working days until such time as the
warrant is issued.
22
Currently, the law does not address timely review and reimbursement of federal grant funds to charter
schools.
Student Eligibility for Enrollment
Charter schools are open to all students residing within a school district and students who are covered
by an inter-district enrollment agreement.
23
The charter school governing board determines the school’s
capacity based upon its contract.
24
Prospective students must apply for enrollment in a charter school
and, if the number of applications exceeds the school’s capacity, a random lottery must be used to
determine which students are enrolled.
25
Enrollment preference may be given to:
26
siblings of current charter school students;
children of a member of the charter school governing board;
children of charter school employees;
children who complete a Voluntary Prekindergarten Education (VPK) program, during the
previous year, provided by the charter school, the charter school’s governing board, or a VPK
provider which has a written agreement with the governing board;
children of active-duty U.S. Armed Forces personnel; and
18
Section 1002.33(17)(b), F.S.
19
See, e.g., s. 1011.62(6), F.S. (general categoricals); s. 1011.68, F.S. (student transportation); s. 1011.62(12), F.S. (safe schools
allocation); s. 1011.62(1)(f), F.S. (supplemental academic instruction); s. 1011.62(18), F.S. (evidence-based reading instruction
allocation); s. 1011.62(13), F.S. (mental health assistance); s. 1011.67, F.S. (instructional materials); s. 1012.71, F.S. (Florida
Teachers Classroom Supply Assistance Program); s. 1011.685, F.S. (class size reduction); and s. 1011.62(14), F.S. (teacher salary
increase allocation).
20
Section 1002.33(17)(b)1., F.S. To reflect any changes in enrollment, the charter school’s funding is recalculated during the school
year, based upon the October and February FTE enrollment surveys.
21
Section 1002.33(17)(e), F.S.
22
Id.
23
Section 1002.33(10)(a), F.S. A charter school receiving federal Charter School Program grant funds must use a lottery if more
students apply for admission to the charter school than can be admitted, unless students are enrolling in the immediate prior grade
level of an “affiliated charter school.” However, a charter school may use a weighted lottery under certain prescribed circumstances.
see 20 U.S.C. s. 7221b(c)(3) and s. 7221i(2)(H). see also U.S. Department of Education, Office of Elementary & Secondary
Education, Dear Colleague Letter- ESSA flexibilities for CSP Grantees (Nov. 15, 2017), available at
https://oese.ed.gov/files/2019/11/CSP-DCL-1.pdf.
24
Section 1002.31(2)(b), F.S.
25
Section 1002.33(10)(b), F.S.
26
Section 1002.33(10)(d)1.-3. and 5.-7., F.S. STORAGE NAME: h0443b.EEC PAGE: 5
DATE: 4/13/2023
children who attend or are assigned to a failing school.
Additionally, a charter school-in-the-workplace may give enrollment preference to students whose
parents are employees of the school’s business partner and students whose parents are residents of
the municipality in which the school is located. A charter school-in-a-municipality may also give
enrollment preference to students whose parents are residents or employees of a municipality that
operates a charter school-in-the-workplace or allows a charter school to use a school facility or portion
of land provided by the municipality for the operation of a charter school.
27
Standard Charter Forms
The Department of Education (DOE) must provide information to the public, directly and through
sponsors, on how to form and operate a charter school and how to enroll in a charter school once it is
created.
28
The information must include the standard application form, standard charter and virtual
charter contracts, standard evaluation instrument, and standard charter and virtual charter renewal
contracts.
29
To fulfill these requirements, the DOE, after consulting with sponsors and charter school
directors, must recommend that the State Board of Education (SBE) adopt rules to implement the
forms.
30
Safe-School Officers
District school boards and school district superintendents are required to partner with law enforcement
or security agencies to establish or assign one or more safe-school officers at each school facility within
the district, including charter schools. A district school board must collaborate with charter school
governing boards to facilitate charter school access to all safe-school officer options in order for charter
schools to satisfy the requirement that at least one safe-school officer be present on each school
facility.
31
A safe-school officer may be a school resource officer,
32
school safety officer,
33
school guardian,
34
or a
school security guard.
35
Effect of Proposed Changes
The bill requires a charter school sponsor to annually provide a report to its charter schools on what
administrative and educational services are being rendered from the sponsor’s portion of the
administrative fee. The report must include the listed services and be submitted to the DOE by
September 15 of each year.
The bill implements a requirement for the timely review and reimbursement of federal grant funds to
charter schools. Under the bill, a sponsor must reimburse a charter school for federal grant funds within
60 calendar days from the date of submission, if the submission provides all the necessary information
to qualify for reimbursement. If a warrant for payment is not made within the 60 calendar days after an
approved submittal for reimbursement of federal grant funds, the sponsor is required to pay the charter
school, in addition to the amount of the scheduled disbursement, an interest rate of one percent per
month calculated on a daily basis on the unpaid balanced from the expiration of the 60 calendar days
for the reimbursement of the federal grant funds.
27
Section 1002.33(10)(d)4.a.-b., F.S.
28
Florida Department of Education, Charter Schools New Application, https://www.fldoe.org/schools/school-choice/charter-
schools/charter-school-resources/new-applicant/ (last visited Mar. 22, 2023).
29
Section 1002.33(21), F.S.
30
Section 1002.33(28), F.S. and Rule 6A-6.0786.
31
Section 1006.12, F.S.
32
Section 1006.12(1), F.S.
33
Section 1006.12(2), F.S.
34
Section 1006.12(3), F.S.
35
Section 1006.12(4), F.S. STORAGE NAME: h0443b.EEC PAGE: 6
DATE: 4/13/2023
Additionally, the bill requires a sponsor, as a part of providing administrative and education services to
a school, to provide training on systems the sponsor will require the charter school to use.
The bill authorizes a charter school to give enrollment preference to students who are the children of a
safe-school officer at the charter school and requires the SBE to adopt rules to implement a standard
monitoring tool for conducting annual site reviews of charter schools.
District School Board Duties and Responsibilities
Present Situation
The Florida Constitution provides that each county in Florida constitutes a school district and requires
each district to be governed by a school board comprised of at least five members who serve
staggered terms of four years.
36
Additionally, the Florida Constitution states, “the school board shall
operate, control and supervise all free public schools within the school district and determine the rate of
school district taxes within the limits prescribed [by the constitution].”
37
As a part of a school board’s responsibility for the operation and control of public K-12 schools in their
district, a board must establish, organize, and operate their public schools and educational programs,
employees, and facilities.
38
To fulfil these requirements and to provide for the proper accounting for all
students of school age, for the attendance and control of students at school, and for proper attention to
health, safety, and other matters relating to the welfare of students, the district school board must:
39
Adopt rules for admitting, classifying, promoting, and graduating students to or from the various
schools of the district.
Provide for the enforcement of all laws and rules relating to the attendance of students at
school.
Adopt rules for the control, attendance, discipline, in-school suspension, suspension, and
expulsion of students and decide all cases recommended for expulsion and maintain a code of
student conduct.
Provide adequate instructional materials for all students in the core courses of mathematics,
language arts, social studies, science, reading, and literature.
Make provision for the transportation of students to the public schools or school activities they
are required or expected to attend, efficiently and economically.
Approve and adopt a districtwide school facilities program.
Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting,
and condemning school property.
Approve and adopt a districtwide school building program.
Provide for the operation of all public schools as free schools for a term of 180 days or the
equivalent on an hourly basis as specified by rules of the State Board of Education; determine
district school funds necessary in addition to state funds to operate all schools for the minimum
term; and arrange for the levying of district school taxes necessary to provide the amount
needed from district sources.
Keep all necessary records and make all needed and required reports, as required by law or by
rules of the State Board of Education.
At the beginning of each school year, notify parents of students in or entering high school of the
opportunity and benefits of advanced placement, International Baccalaureate, Advanced
International Certificate of Education, dual enrollment, and Florida Virtual School courses and
options for early graduation.
Notify the parent of a student who earns an industry certification that articulates for
postsecondary credit of the estimated cost savings to the parent before the student’s high
school graduation versus the cost of acquiring such certification after high school graduation,
which would include the tuition and fees associated with available postsecondary credits.
36
Art. IX s. (4)(a), Fla. Const.
37
Art. IX s. (4)(b), Fla. Const.
38
Section 1003.02, F.S.
39
Section 1003.02(1)(a)-(j), F.S. STORAGE NAME: h0443b.EEC PAGE: 7
DATE: 4/13/2023
Emergency Response to a Choking Student
The Florida Department of Health, in its oversight role for School Health Programs, publishes an
Emergency Guide for Schools (Guidelines).
40
The Guidelines provide step by step directions for school
personnel in response to a number of medical emergencies that could occur on campus.
41
The
Guidelines also provide a Student Injury Report form to permit school personnel to document the facts
surrounding the incident.
42
Specifically related to choking, the guidelines recommend that schools designate at least one employee
who has received instruction in choking rescue to be present in the cafeteria at all meals.
43
The
guidelines also contain step by step instructions, including illustrations, on the appropriate rescue
response to a choking incident for anyone, infants through adults.
44
Additionally, there are publicly available training and resources on the appropriate response to a child
choking in the school setting.
45
Effect of Proposed Changes
The bill requires each district school board to hang a poster that contains step-by-step instructions on
how to provide emergency first aid for choking on conscious individuals in each public school cafeteria
within the school district. The poster must be easily visible and prominently placed.
Educator Certification
Present Situation
The DOE issues three types of educator certificates:
Professional Certificate. The professional certificate is Florida’s highest type of full-time
educator certification.
46
The professional certificate is valid for 5 years and is renewable.
47
Temporary Certificate. The temporary certificate covers employment in full-time positions for
which educator certification is required.
48
In 2023, the Florida Legislature extended the validity
period for a nonrenewable temporary certificate from 3 to 5 years.
49
Athletic Coaching Certificate. The athletic coaching certificate covers full-time and part-time
employment as a public school’s athletic coach.
50
The DOE issues two types of athletic
coaching certificates – one is valid for 5 years and may be issued for subsequent 5-year periods
40
Florida Department of Health, Emergency Guidelines for Schools 2019 Florida Edition, available at
https://www.floridahealth.gov/programs-and-services/childrens-health/school-health/_documents/emergency-guidelines-for-schools-
2019.pdf.
41
Id. Medical emergencies for which the Guidelines provide information include, but are not limited to, allergic reactions, burns, CPR
(infant, child, and adult), fractures and sprains, head injuries, heat emergencies, poisoning and overdose, seizures, unconsciousness,
and vomiting. Id. at 1.
42
Id. at 8.
43
Id. at 24.
44
Id. at 28. This guidance is applied to an individual that is choking but remains conscious. If the individual has lost consciousness,
the Guidelines recommend performing CPR on the individual to clear the air passage. Id. at 24-27.
45
Act Fast Anti Choking Trainer, Choking Prevention and First Aid for School Age Children, available at
https://www.actfastmed.com/wp-content/uploads/2021/08/ActFast-Instructional-Guide-4-28-17.pdf.
46
Rule 6A-4.004(3), F.A.C.
47
Section 1012.56(7)(a), F.S.; see rule 6A-4.0051(3)(d), F.A.C. (validity period is expressed as 5 years from July 1 of the school fiscal
year). The DOE also issues a nonrenewable 5-year professional certificate that allows an applicant with a bachelor’s degree in the area
of speech-language impairment to complete a master’s degree in speech-language impairment. Section 1012.56(7)(c), F.S.; rule 6A-
4.004(4), F.A.C.
48
Rule 6A-4.004(1)(a)2., F.A.C.
49
Chapter 2023-16, L.O.F.
50
Section 1012.55(2)(a), F.S. STORAGE NAME: h0443b.EEC PAGE: 8
DATE: 4/13/2023
while the other is valid for 3 years and may be issued only once.
51
The 5-year certificate
requires satisfaction of certain specialization requirements established in rule.
52
To be eligible for an educator certificate, a person must:
53
be at least 18 years of age;
sign an affidavit attesting that the applicant will uphold the U.S. and State Constitutions;
earn a bachelor’s or higher degree from an accredited institution of higher learning
54
or from a
nonaccredited institution identified by the DOE as having a quality program resulting in a
bachelor’s or higher degree;
55
submit to fingerprinting and background screening and not have a criminal history that requires
the applicant’s disqualification from certification or employment;
be of good moral character; and
be competent and capable of performing the duties, functions, and responsibilities of a teacher.
An applicant must submit an application and the required fee to the DOE.
56
In addition to the certifications issued by the DOE, school districts are authorized to issue adjunct
teaching certificates to instructional staff who have expertise in the subject area to be taught. To be
eligible for an adjunct certificate, an applicant must meet all general requirements for educator
certification and demonstrate expertise in the area to be taught by passing a subject-area test. A school
district may issue an adjunct teaching certificate for a part-time or full-time teaching position.
An adjunct teaching certificate issued for a full-time teaching position is valid for no more than 3 years
and is nonrenewable. An adjunct teaching certificate is valid through the term of the annual contract
between the educator and the school district.
57
School districts are required to:
58
post requirements on its website for the issuance of an adjunct teaching certificate, which must
specify the subject area test through which an applicant demonstrates subject area mastery;
and
annually report to the DOE the number of adjunct teaching certificates issued for part-time and
full-time teaching positions.
Effect of Proposed Changes
To align with extension of Florida’s temporary teaching certificate from 3 to 5 years, the bill extends the
validity period for an adjunct teaching certificate from 3 to 5 years.
The Florida Teachers Supply Assistance Program
Present Situation
51
Rule 6A-4.004(5), F.A.C. (validity periods expressed in school fiscal years).
52
See rule 6A-4.0282, F.A.C.
53
Section 1012.56(2)(a)-(f), F.S.
54
Section 1012.56(2)(c), F.S.; rule 6A-4.003(1), F.A.C. (approved accrediting agencies); see also 34 C.F.R. ss. 602.1-602.50; U.S.
Department of Education, Institutional Accrediting Agencies,
https://www2.ed.gov/admins/finaid/accred/accreditation_pg3.html#RegionalInstitutional (last visited Apr. 6, 2023) (list of accrediting
agencies approved by the U.S. Department of Education).
55
Section 1012.56(2)(c), F.S.; rule 6A-4.003(2), F.A.C. (criteria for approval of nonaccredited institutions of higher learning). For
initial certification, an applicant must attain at least a 2.5 overall grade point average on a 4.0 scale in the applicant’s major field of
study. Section 1012.56(2)(c), F.S.
56
Section 1012.56(1), F.S.; see s. 1012.59, F.S. The fee for initial certification is $75 per subject area. Rule 6A-4.0012(1)(a)1. and 2.,
F.A.C.
57
Section 1012.57(1) and (4), F.S. An additional annual certification and an additional annual contract may be awarded by the district
at its discretion only if the adjunct teacher is rated effective or highly effective during each year of teaching under the adjunct
certification. Section 1012.57(4), F.S.
58
Section 1012.57(6)(a)-(b), F.S. STORAGE NAME: h0443b.EEC PAGE: 9
DATE: 4/13/2023
The Florida Teacher Supply Assistance Program (program) provides funds to school districts and
charter schools for classroom teachers
59
to purchase, on behalf of school districts or charter schools,
classroom materials and supplies for the public school students assigned to them.
60
Program funds are
appropriated by the Legislature in the GAA and distributed by July 15 to each school district by the
Commissioner of Education based on the district’s proportionate share of the state’s total unweighted
full time equivalent student enrollment.
61
District school boards are required to calculate an identical amount from the funds available to the
school districts for the program for each classroom teacher who is estimated to be employed by the
school district or a charter school in the district by September 1 of each year. A job-share classroom
teacher
62
may receive a prorated share of the amount provided to a full-time classroom teacher.
63
As of July 1 of each school year, if a classroom teacher is expected to be employed by a school district
or charter school in the district on September 1, then the district school board and each charter school
governing board may provide the teacher with their proportionate share by August 1. If a teacher’s
expected employment is determined after July 1, then the district school board and each charter
governing board must provide the teacher with the teacher’s proportionate share of funds by
September 30.
64
Each classroom teacher must sign a statement acknowledging receipt of the funds, and keep receipts
for at least four years to show that the funds were spent as required by the program. Any unused funds
must be returned to the district school boards at the end of the regular school year.
65
The 2022-2023 GAA appropriate $54,143,275 to the program.
66
Effect of Proposed Changes
The bill expands the definition of “classroom teacher” eligible for program funds to also include an
administrator or a substitute teacher who holds a valid teaching certificate and who is filling a vacancy
in an identified teaching position on or before September 1 of each year.
To conform to the expanded program eligibility, the bill requires a school district to calculate a prorated
share of the program funds for a classroom teacher who teaches less than full time.
Private Tutoring Program
Present Situation
With few exceptions, Florida law requires all children who will be six years of age on February 1, of
each school year and are less than 16 years of age to attend school regularly. Children who will be five
years of age by September 1, of each school year are eligible for public kindergarten.
67
59
Section 1012.71(1), F.S. A classroom teacher means a certified teacher employed by a public school district or public charter school
in that district on or before September 1 of each year whose full-time or job-share responsibility s classroom instruction of students in
prekindergarten through grade 12, including full-time media specialists and certified school counselors serving students in
prekindergarten through grade 12, who are funded through the Florida Education Finance program.
60
Section 1012.71, F.S. The funds appropriated are for classroom teachers to purchase, on behalf of the school district or charter
school, classroom materials and supplies for the public school students assigned to them and may not be used to purchase equipment.
The funds are to be used to supplement the materials and supplies otherwise available to classroom teachers.
61
Section 1012.71(2), F.S.
62
Id. at 20, A job-share classroom teacher is one of two teachers whose combined full-time equivalent employment for the same
teaching assignment equals one full-time classroom teacher.
63
Section 1012.71(3), F.S.
64
Id.
65
Section 1012.71(4), F.S. Unused funds shall be deposited into the school advisory council account of the school at which the
classroom teacher returning the funds was employed when that teacher received the funds or deposited into the Florida Teachers
Classroom Supply Assistance Program account of the school district in which a charter school is sponsored.
66
Specific Appropriations 5 and 89, s. 2 ch. 2022-156, L.O.F
67
Section 1003.21(1)(a), F.S. STORAGE NAME: h0443b.EEC PAGE: 10
DATE: 4/13/2023
Regular attendance, as required under the law, can be satisfied by attendance in:
68
a public school supported by public funds;
a parochial, religious, or denominational school;
a private school supported in whole or in part by tuition charges or by endowments or gifts;
a home education program; or
a private tutoring program.
Attendance in a private tutoring program satisfies regular school attendance if the person tutoring the
student meets the following requirements:
69
Holds a valid Florida certificate to teach the subjects or grades in which instruction is given.
Keeps all records and make all reports required by the state and district school board and
makes regular reports on the attendance of students.
70
Requires students to be in actual attendance for the minimum length of time prescribed by the
law and by rules of the SBE and district school boards.
71
Effect of Proposed Changes
The bill authorizes private tutoring to be provided to up to 25 students in any commercial building with a
valid certificate of occupancy, library, community service, museum, performing arts, theatre, cinema, or
church facility; in any facility or land owned by a FCS institution or university; in any similar public
institution facility; and in any facility recently used to house a school or licensed child care facility
72
within the preexisting zoning and land use designations of the facility without obtaining a special
exception, rezoning, or a land use change so long as the provision of such tutoring meets all applicable
state and local health, safety, and welfare laws, codes, and rules, including firesafety and building
safety.
B. SECTION DIRECTORY:
Section 1: Amends s. 1002.33, F.S.; authorizing charter schools to give enrollment preference to
specified students; requiring charter school sponsors to timely review and reimburse
specified grant funds; requiring such funds to be reimbursed within a specified time
period; providing for the payment of interest to charter schools under certain
circumstances; requiring charter school sponsors to provide specified training and a
certain report to its charter schools; requiring the report to be submitted to the
Department of Education by a specified date; requiring the State Board of Education to
adopt rules to implement a standard monitoring tool.
Section 2: Amends s. 1002.43, F.S.; authorizing private tutoring of a specified number of students
to take place in specified facilities under existing zoning and land use designations
without obtaining a special exception, rezoning, or a land use change.
Section 3: Amends s. 1003.02, F.S.; requiring a poster containing specified information relating to
choking to be placed in public school cafeterias; providing requirements for the
placement of such posters.
Section 4: Amends s. 1012.57, F.S.; revising the validity period of an adjunct teaching certificate.
Section 5: Amends s. 1012.71, F.S.; revising the definition of the term “classroom teacher”;
requiring district school boards to calculate prorated shares of funds from the Florida
Teachers Classroom Supply Assistance Program for certain classroom teachers.
68
Section 1003.01(13), F.S.
69
Section 1002.43, F.S.
70
See also s.1011.60(2), F.S.
71
See also s. 1003.23(2), F.S.
72
The child care facility must be licensed under s. 402.305, F.S. STORAGE NAME: h0443b.EEC PAGE: 11
DATE: 4/13/2023
Section 6: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERN MENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill does not appear to have a fiscal impact.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
This bill authorizes the State Board of Education to adopt rules to implement a standard charter school
monitoring tool.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 27, 2023, the Choice & Innovation Subcommittee adopted a Proposed Committee Substitute
(PCS) with one amendment and reported the bill favorably as a committee substitute. The PCS, as
amended, differed from HB 443 in the following ways: STORAGE NAME: h0443b.EEC PAGE: 12
DATE: 4/13/2023
removes the requirement for sponsors to provide charter schools training on statutory
requirements;
removes the withholding of funding for a sponsor that does not allow a charter school to
participate in training;
removes requirements for the Department of Education (DOE) to withdraw administrative fee
costs if sponsor services are not being rendered;
removes extending the validity period of a statement of status of eligibility to qualify for educator
certification to 5 years and a professional certificate to 10 years;
removes revised eligibility for a professional teaching certificate;
removes the requirement for an administrator or substitute teacher to petition the DOE for the
Florida Teacher Classroom Supply Assistance Program (program) funds;
expands the definition of classroom teacher to also include an administrator or a substitute
teacher who holds a valid teaching certificate to be eligible to receive funds from the program;
authorizes a charter school to give enrollment preference to students who are the children of a
safe-school officer at the charter school.
The bill analysis is drafted to the committee substitute adopted by the Choice & Innovation Subcommittee.
On April 11, 2023, the Education & Employment Committee adopted three amendments and reported the
bill favorably as a committee substitute. The amendments:
extend the validity period for an adjunct teaching certificate from 3 to 5 years;
authorize private tutoring to be provided to up to 25 students in specified facilities under existing
zoning and land use designations without obtaining a special exception, rezoning, or a land use
change;
require a charter school sponsor to timely review and reimburse federal grant funds to a charter
school within 60 calendar days from the date of submission, if the submission provides all the
necessary information to qualify for reimbursement;
requires a sponsor who does not reimburse within the 60 calendar days to pay interest to the
charter school; and
require a district school board to hang a poster that contains step-by-step instructions on how to
provide emergency first aid for choking on conscious individuals in each school cafeteria.
The bill analysis is drafted to the committee substitute adopted by the Education & Employment
Committee.