This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1537f.EEC
DATE: 4/21/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1537 Education
SPONSOR(S): Education & Employment Committee, Appropriations Committee and Education Quality
Subcommittee, Rizo and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 1430
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee 18 Y, 0 N, As CS McDaniel Sanchez
2) Appropriations Committee 27 Y, 0 N, As CS Potvin Pridgeon
3) Education & Employment Committee 18 Y, 0 N, As CS McDaniel Hassell
SUMMARY ANALYSIS
The bill improves the overall quality of Florida’s teacher preparation programs by streamlining programs, program
requirements, and expanding upon the uniform core curricula.
The bill requires a system-wide shift from professional development to professional learning by defining the requirements
for professional learning and requiring the Department of Education (DOE) to create a high-quality programs web-based
marketplace. The bill protects administrators’ responsibility to visit and observe classroom teachers throughout the year.
The bill extends temporary teaching certificates from 3 years to 5 years and limits the certificate to a one-time, non-
renewable issuance. The bill expands eligibility for temporary certification to candidates who are currently enrolled in
state-approved teacher preparation programs and meet certain requirements.
The bill requires instruction on Asian American and Pacific Islander history with specified topics; replaces one practical
arts credit with one career and technical education credit; and, adds measures to the school grades formula. The bill
requires each school district to annually review and confirm that all reproductive health and disease information, including
instructional materials, parental exemption process and form, and associated links available on the district school board
website are accurate and up-to-date. The bill expands postsecondary credit pathways.
The bill authorizes school districts to select the Classic Learning Test (CLT) for an annual districtwide administration for
certain students and allows students to earn a concordant score on the CLT to meet the initial eligibility requirements for
the Bright Futures Scholarship Program (Bright Futures). The bill allows Bright Futures students to combine volunteer and
paid work hours to meet initial eligibility requirements. The bill provides retroactive authority for students to include paid
work completed on or after June 27, 2022 in the student’s total of required paid work hours.
The bill authorizes additional enforcement mechanisms for the Commission for Independent Education (commission) at
the DOE, and expands fair consumer practices and minimum standards for licensure of private, postsecondary institutions
under the jurisdiction of the commission.
The bill adds a rebuttal provision within school district zero tolerance policies, and provides for privacy of student personal
belongings during a search.
The bill authorizes a charter school governing board to adopt rules to allow for the issuance of an adjunct teaching
certificate to any applicant who fulfills the certification requirements under the law, and modifies charter capital outlay
funding eligibility requirements.
The bill authorizes a district school board with an appointed superintendent to review and reappoint any member of the
district executive staff.
The bill creates the year-round school pilot program, established for a period of four years.
The bill has an indeterminate fiscal impact. See Fiscal Analysis.
The bill has an effective date of July 1, 2023. STORAGE NAME: h1537f.EEC PAGE: 2
DATE: 4/21/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Teacher Preparation Programs
Present Situation
Teacher preparation programs are accountable for producing individuals with the competencies and
skills necessary to achieve the state education goals.
1
State-approved teacher preparation programs
are offered by Florida public and private postsecondary institutions, public school districts, and private
providers by which candidates for educator certification can, depending on the type of program,
demonstrate mastery of general knowledge, professional preparation and education competence,
and/or subject area knowledge for purposes of attaining an educator certificate.
2
There are various state-approved teacher preparation programs that individuals may use to receive the
training needed to attain teaching credentials, including:
3
Initial Teacher Preparation programs: “traditional” teacher preparation programs require
candidates to demonstrate mastery of subject area knowledge in one or more specific subject
areas(s), mastery of general knowledge, and mastery of professional preparation and education
competence. Program completers qualify for a professional educator certificate.
4
Educator Preparation Institutes: alternative certification programs offered by postsecondary
institutions and qualified private providers for baccalaureate degree holders. These programs
provide professional preparation for career-changers and recent college graduates who do not
already possess a Professional Educator Certificate and require mastery of general knowledge,
mastery of subject area knowledge and mastery of professional preparation and education
competence.
District Professional Development Certification and Education Competency Programs: cohesive
competency-based professional preparation certification programs offered by school districts,
charter schools, and charter management districts by which the instructional staff can satisfy the
mastery of professional preparation and education competence requirements.
5
In addition to
completing the district program, candidates must demonstrate mastery of general knowledge
6
and subject area knowledge.
7
Mastery of general knowledge for a professional teaching certificate may be demonstrated through
several methods, including the passing of one of several different examinations identified by the State
Board of Education (SBE),
8
having a valid teaching certificate from another state,
9
having a SBE
approved national educator credentialing,
10
having a master’s or higher degree,
11
or completion of two
semesters of college teaching experience at a specified Florida institution.
12
1
Section 1004.04(1)(b), F.S.
2
See Florida Department of Education, Professional Development in Florida, http://www.fldoe.org/teaching/professional-dev/ (last
visited Mar. 9, 2023). See also rule 6A-5.066, F.A.C.; ss. 1004.04(3)(a) and 1004.85(1), F.S.
3
Florida Department of Education, Educator Preparation, http://www.fldoe.org/teaching/preparation (last visited Mar. 9, 2023). See
also rule 6A-5.066, F.A.C.
4
Rule 6A-5.066(1)(r), F.A.C.
5
Section 1012.56(8)(a), F.S.
6
See Florida Department of Education, General Knowledge, https://www.fldoe.org/teaching/certification/general-cert-
requirements/general-knowledge.stml (last visited Mar. 9, 2023).
7
Florida Department of Education, Subject Area Knowledge, https://www.fldoe.org/teaching/certification/general-cert-
requirements/subject-area-knowledge.stml (last visited Mar. 9, 2023)
8
Section 1012.56(3)(e), F.S. Examinations for mastery of general knowledge include the Florida General Knowledge Test and
identified test sections of the GRE, including GRE Analytical Writing, GRE Quantitative Reasoning, and GRE Verbal Reasoning.
9
Section 1012.56(3)(b), F.S.
10
Section 1012.56(3)(c), F.S.
11
Section 1012.56(3)(f), F.S. Degree must be from an accredited postsecondary educational institution that the DOE has identified as
having a quality program resulting in a bachelor’s degree or higher.
12
Section 1012.56(3)(d), F.S. STORAGE NAME: h1537f.EEC PAGE: 3
DATE: 4/21/2023
Mastery of subject area knowledge for a professional teaching certificate may be demonstrated through
the passing of a subject matter examination under specific conditions, a valid teaching certificate from
another state, a valid certificate from the National Board for Professional Teaching Standards, or a
passing score or program completion of a specified defense language proficiency test or program.
13
Teacher Preparation Program Uniform Core Curricula
Each candidate enrolled in a teacher preparation program must receive instruction and be assessed on
the uniform core curricula in his or her area of program concentration during course work and field
experiences. A candidate for certification in a coverage area that includes reading instruction or
interventions in kindergarten through grade 6 must successfully complete all competencies for a
reading endorsement.
14
Uniform core curricula for each state-approved teacher preparation program is established by the SBE
and must include, but is not limited to:
15
candidate instruction and assessment in the Florida Educator Accomplished Practices across
content areas;
the use of state-adopted content standards to guide curricula and instruction;
16
scientifically researched and evidence-based reading instructional strategies that improve
reading performance for all students, including explicit, systematic, and sequential approaches
to teaching phonemic awareness, phonics, vocabulary, fluency, and text comprehension and
multisensory intervention strategies;
17
content literacy and mathematical practices;
strategies appropriate for instruction of English language learners;
strategies appropriate for instruction of students with disabilities;
strategies to differentiate instruction based on student needs;
strategies and practices to support evidence-based content aligned to state standards and
grading practices;
strategies appropriate for the early identification of students in crisis or experiencing a mental
health challenge and the referral of such student to a mental health professional for support;
and
strategies to support the use of technology in education and distance learning.
In addition, before program completion, each candidate must demonstrate his or her ability to positively
impact student learning growth in the candidate’s area(s) of program concentration during a
prekindergarten through grade 12 field experience and must pass each portion of the Florida Teacher
Certification Examination required for a professional certificate in the area(s) of program
concentration.
18
13
Section 1012.56(5), F.S.
14
Section 1004.04(2)(c), F.S.
15
Section 1004.04(2)(b)1.-10., F.S.
16
The State Board of Education has adopted the state academic standards, which establish the core content of the curricula taught in
the state and specify the core content knowledge and skills that K-12 public school students are expected to acquire. Rule 6A-
1.09401(1), F.A.C.; s. 1003.41(1), F.S.
17
The Just Read, Florida! Office must assist teacher preparation programs and educator preparation institutes with this requirement.
Section 1001.215(11), F.S.
18
Section 1004.04(2)(d), F.S. STORAGE NAME: h1537f.EEC PAGE: 4
DATE: 4/21/2023
Educator Preparation Institutes
Postsecondary institutions that are accredited or approved by the Department of Education (DOE) to
award degrees and credits for educator certification may seek approval from the DOE to create
educator preparation institutes (EPI) for the purpose of providing all or any of the following:
19
professional development instruction to assist teachers in improving classroom instruction and
in meeting certification or recertification requirements;
instruction to assist potential and existing substitute teachers in performing their duties;
instruction to assist paraprofessionals in meeting education and training requirements;
competency-based program instruction for noneducation baccalaureate degree holders to
become certified teachers in order to increase routes to the classroom for mid-career
professionals; and
instruction and professional development for part-time and full-time non-degreed teachers of
career programs.
A private provider that has a proven history of delivering high-quality educator preparation may also
seek approval to offer a competency-based certification program. The DOE approval must be based
upon evidence provided from other state recipients of the provider’s services and data showing the
successful performance of completers based upon student achievement.
20
Each EPI participant must:
21
meet certification application and eligibility requirements established in law;
participate in coursework and field experiences that are appropriate to the participant’s
educational plan, including completion of all competencies for a reading endorsement when
seeking certification in a certificate area that includes reading instruction or interventions in
kindergarten through grade 6;
before completion of the program, fully demonstrate his or her ability to teach the subject area
for which he or she is seeking certification by documenting a positive impact on student learning
growth in a prekindergarten through grade 12 setting; and
achieve a passing score on the professional education competency examination,
22
the basic
skills examination, and the subject area examination for the subject area certification which is
required by SBE rule.
Continued EPI approval is determined by the Commissioner of Education based upon a periodic review
of candidate readiness based on passage rates on educator certification examinations and evidence of
performance of students in prekindergarten through grade 12 who are assigned to in-field program
completers on statewide assessments, results of program completers’ annual evaluations, and
workforce contributions.
23
Each approved EPI must submit annual performance evaluations to the DOE that measure the
effectiveness of the programs, including the pass rates of participants on all examinations required for
teacher certification, employment rates, longitudinal retention rates, and satisfaction surveys of
employers and program completers. The satisfaction surveys must be designed to measure the
sufficient preparation of the educator for the realities of the classroom and the institute’s
responsiveness to local school districts. These evaluations must be used by the DOE for purposes of
continued approval of an EPI’s certification program.
24
Professional Development Certification and Education Competency Programs
19
Section 1004.85(2)(a), F.S.
20
Section 1004.85(2)(b), F.S.
21
Section 1004.85(3)(b), F.S.
22
An individual that completes an educator preparation institute and is rated highly effective by his or her performance evaluation is
not required to take or achieve a passing score on the professional education competency examination in order to be awarded a
professional certificate. Section 1012.575, F.S.
23
Section 1004.85(4), F.S.
24
Section 1004.85(5), F.S. STORAGE NAME: h1537f.EEC PAGE: 5
DATE: 4/21/2023
School districts, charter schools and charter management organizations may offer a professional
development certification program that must be approved by the DOE. The program must include:
25
a minimum period of initial preparation before becoming the teacher of record;
an option to collaborate with other agencies or educational entities for implementation;
a teacher mentorship and induction component;
an assessment of teaching performance aligned with the district’s personnel evaluation system;
professional educational preparation content knowledge which must be included in the
mentoring and induction activities;
required passing scores on the general knowledge, subject area and the professional education
competency test; and
completion of all competencies for a reading endorsement for all candidates for certification in
coverage areas that include reading instruction or interventions in kindergarten through grade 6.
As required by law, the DOE adopted, effective January 1, 2018, standards for the approval of
professional development certification programs, including standards for the teacher mentorship and
induction component.
26
The standards for the teacher mentorship and induction component must
include:
27
program administration and evaluation;
mentor roles, selection, and training;
beginning teacher assessment and professional development; and
teacher content knowledge and practices aligned to the Florida Educator Accomplished
Practices (FEAP).
Each school district, charter school, or charter management organization, wishing to provide a
professional preparation and competency program must submit its program, including the teacher
mentorship and induction component, to the DOE for approval. Beginning January 1, 2019, a teacher
may not satisfy requirements for a professional certificate through a professional preparation and
education competency program unless the program has been approved by the DOE based on the new
standards.
28
An applicant who completes a professional preparation and education competency
program approved by the DOE based on the standards adopted on January 1, 2018, and is rated highly
effective based on a performance evaluation is not required to take or achieve a passing score on the
professional education competency examination in order to be awarded a professional certificate.
29
Each district professional development system is required to provide inservice activities and support
targeted to the individual needs of teachers participating in the professional preparation and education
competency program.
30
Each school district’s professional development system must provide for
training to reading coaches, classroom teachers, and school administrators in:
31
effective methods of identifying characteristics of conditions such as dyslexia and other causes
of diminished phonological processing skills;
incorporating instructional techniques into the general education setting which are proven to
improve reading performance for all students; and
using predictive and other data to make instructional decisions based on individual student
needs.
All elementary grades instructional personnel must be provided access to sufficient training so they can
meet certification or endorsement requirements established by the SBE with respect to reading
instruction and intervention.
32
25
Section 1012.56(8)(a)1.-7., F.S.
26
See rule 6A-5.066, F.A.C.
27
Section 1012.56(8)(c), F.S.
28
Id.
29
Section 1012.56(7)(a)3., F.S., see rule 6A-5.066, F.A.C.
30
Section 1012.98(4)(b)4., F.S.
31
Section 1012.98(4)(b)11., FS.
32
Id. STORAGE NAME: h1537f.EEC PAGE: 6
DATE: 4/21/2023
The mentorship and induction component of a state-approved district, charter school or charter
management organizations professional preparation and education competency program, at a
minimum, provides weekly opportunities for mentoring and induction activities, including:
33
common planning time;
ongoing professional development targeted to a mentee teacher’s needs;
opportunities to observe other teachers;
co-teaching experiences; and
reflection and follow-up discussions.
The mentorship and induction activities must be provided during the teacher’s first year in the program
and may be provided until the teacher attains his or her professional certificate. A principal who is rated
highly effective must be provided flexibility in selecting professional development activities for the
mentorship and induction component so long as they are approved by the DOE.
34
Effect of Proposed Changes
Florida’s teacher preparation programs include the traditional pathway offered at postsecondary
institutes, alternative pathway programs offered through state-approved educator preparation institutes,
and school district professional development certification and education competency programs. The
uniform core curricula for each state-approved teacher preparation program identifies core topics the
programs must cover. The bill adds strategies and practices to support effective, research-based
assessment and grading practices aligned to the state’s academic standards to the list of uniform core
curricula topics that must be included in teacher preparation programs.
The bill eliminates redundancy in educator preparation institute instruction provided to candidates that
are already embedded in the FEAP. The FEAP outlines the core standards for effective educators. The
bill clarifies that candidates must demonstrate competency and participate in field experiences that are
appropriate to his or her individual educational plan at the institute.
The bill requires that all state approved educator preparation programs cover scientifically-based
reading instruction, content literacy, and mathematical practices for each subject identified on the
participant’s statement of status of eligibility or temporary certificate.
The bill requires the SBE to adopt rules for the approval of educator preparation institutes.
The bill delineates, separates, and renames the two alternative certification pathways offered by school
districts, charter schools, and charter management organizations: Professional Learning Certification
Programs and Professional Education Competency Programs. Professional Learning Certification
Programs must include a teacher mentorship and induction component to ensure candidates receive
timely coaching and feedback to improve practice. The bill provides for mentor activities to be routine
and requires all professional learning to be in alignment with the professional learning criteria.
Professional Education Competency Programs are established in a new section in law to separate the
two alternative certification pathways.
The bill provides the SBE with rulemaking authority to adopt criteria for the review and approval of
Professional Learning Certification Programs.
Educator Certification
Present Situation
In order for a person to serve as an educator in a traditional public school, charter school, virtual
school, or other publicly operated school, the person must hold a certificate issued by the DOE.
35
33
Section 1012.56(8)(a)3.b., F.S.
34
Id.
35
Sections 1012.55(1) and 1002.33(12)(f), F.S. STORAGE NAME: h1537f.EEC PAGE: 7
DATE: 4/21/2023
Persons seeking employment at a public school as a school supervisor, principal, teacher, library media
specialist, counselor, athletic coach, or in another instructional capacity must be certified.
36
The
purpose of certification is to require school-based personnel to “possess the credentials, knowledge,
and skills necessary to allow the opportunity for a high-quality education in the public schools.”
37
While there are several certification pathways, any individual seeking certification must meet specific
eligibility requirements:
38
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
39
or from a
nonaccredited institution identified by the DOE as having a quality program resulting in a
bachelor’s or higher degree;
40
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.
In addition, each applicant must submit an application and the required fee to the DOE.
41
After meeting eligibility requirements, an individual may choose a certification route. The DOE issues
three types of educator certificates:
Professional Certificate: Florida’s highest type of full-time educator certification;
42
valid for 5
years and renewable.
43
Temporary Certificate: covers employment in full-time positions for which educator certification
is required;
44
generally valid for 3 years and nonrenewable.
45
Athletic Coaching Certificate: covers full-time and part-time employment as a public school
athletic coach;
46
includes two types of athletic coaching certificates – one is valid for 5 years and
may be issued for subsequent 5-year periods while the other is valid for 3 years and may be
issued only once.
47
An applicant seeking a professional certification must:
36
Sections 1002.33(12)(f) (charter school teachers) and 1012.55(1), F.S. District school boards and charter school governing boards
are authorized to hire non-certified individuals who possess expertise in a given field to serve in an instructional capacity. Rule 6A-
1.0502, F.A.C.; ss. 1002.33(12)(f) and 1012.55(1)(c), F.S. Occupational therapists, physical therapists, audiologists, and speech
therapists are not required to be certified educators. Rule 6A-1.0502(10) and (11), F.A.C.
37
Section 1012.54, F.S.; see rule 6A-4.001(1), F.A.C.
38
Section 1012.56(2)(a)-(f), F.S.
39
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 Mar. 9, 2023) (list of accrediting
agencies approved by the U.S. Department of Education).
40
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.
41
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.
42
Rule 6A-4.004(3), F.A.C.
43
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.
44
Rule 6A-4.004(1)(a)2., F.A.C.
45
Section 1012.56(7)(e), F.S. (flush-left provisions at end of subsection; validity period is expressed in school fiscal years); rule 6A-
4.004(1)(a), F.A.C. The veteran’s pathway to educator certification authorizes a 5 year nonrenewable temporary certificate. Section
1012.56(7)(e)2., F.S. The DOE also issues a nonrenewable temporary certificate, which is valid for 2 years, in the area of speech-
language impairment. Sections 1012.56(7)(c), F.S.
46
Section 1012.55(2)(a), F.S.
47
Rule 6A-4.004(5), F.A.C. (validity periods expressed in school fiscal years). STORAGE NAME: h1537f.EEC PAGE: 8
DATE: 4/21/2023
meet the basic eligibility requirements for certification;
48
demonstrate mastery of general knowledge;
49
demonstrate mastery of subject area knowledge;
50
and
demonstrate mastery of professional preparation and education competence.
51
A professional certificate is renewable for successive periods of 5 years
52
, but may be extended by:
1 year due to serious illness or injury of the applicant or other extraordinary extenuating
circumstances; or
a period of time equal to the active duty status for any person who volunteers or is called into
wartime or required peacetime military service.
An applicant seeking a temporary certification must:
meet the basic eligibility requirements for certification;
53
obtain full-time employment in a position that requires a Florida educator certificate by a school
district or private school that has a DOE-approved professional education competence
demonstration program;
54
and
do one of the following:
o demonstrate mastery of subject area knowledge;
55
or
o complete the required degree or content courses specified in SBE rule for subject area
specialization
56
and attain at least a 2.5 grade point average on a 4.0 scale in the subject
area courses.
57
To qualify for a temporary certificate, an applicant must meet subject area specialization requirements
in at least one subject. Each subject area has specific degree or course requirements set in SBE rule,
58
and select subject areas including Reading, Speech-Language Impaired, School Counseling, School
Psychology, and School Social Work require a master’s or specialist degree.
59
In 2022, the Legislature created an additional pathway to educator certification for military service
members by authorizing the DOE to issue a temporary certificate, for a subject area specialization for
which the SBE otherwise requires a bachelor’s degree, to military service members meeting the
following requirements:
60
documents 48 months of active-duty military service with an honorable discharge or a medical
separation;
meets minimum eligibility criteria for educator certification with the exception of receipt of a
bachelor’s degree;
completes the subject area content requirements specified in SBE rule or demonstrates mastery
of subject area knowledge; and
completes 60 college credits with a minimum grade point average of 2.5 on a 4.0 scale, as
provided by an eligible institution of higher learning.
48
Section 1012.56(2)(a)-(f), F.S.
49
Section 1012.56(2)(g) and (3), F.S.; Florida Department of Education, General Knowledge,
http://www.fldoe.org/teaching/certification/general-cert-requirements/general-knowledge.stml (last visited Mar. 9, 2023).
50
Section 1012.56(2)(h) and (5), F.S.
51
Section 1012.56(2)(i) and (6), F.S.; Florida Department of Education, Professional Preparation and Education Competence,
http://www.fldoe.org/teaching/certification/general-cert-requirements/professional-preparation-edu-competenc.stml (last visited Mar.
9, 2023)
52
Sections 1012.56(7)(a) and 1012.585, F.S.; Rule 6A-4.0051(1), F.A.C.
53
Section 1012.56(2)(a)-(f) and (7)(b), F.S
54
Section 1012.56(1)(b), F.S.; Rule 6A-4.004(1)(a), F.A.C.
55
Section 1012.56(7)(b), F.S.; Florida Department of Education, Subject Area Knowledge
http://www.fldoe.org/teaching/certification/general-cert-requirements/subject-area-knowledge.stml (last visited Mar. 9, 2023).
56
Section 1012.56(7)(b), F.S. The degree and content requirements are specified in ch. 6A-4, F.A.C.
57
Section 1012.56(2)(c), F.S.; See Florida Department of Education, Certificate Types and Requirements,
https://www.fldoe.org/teaching/certification/general-cert-requirements/ (last visited Mar. 9, 2023).
58
Section 1012.56(7)(b), F.S. The degree and content requirements are established in ch. 6A-4, F.A.C.
59
Florida Department of Education, Educator Certification, Certificate Subjects,
https://www.fldoe.org/teaching/certification/certificate-subjects/#degreed (last visited Mar. 9, 2023).
60
Section 1012.56(7)(b)2., F.S. STORAGE NAME: h1537f.EEC PAGE: 9
DATE: 4/21/2023
Veterans attaining a temporary certificate must be assigned a teacher mentor for a minimum of 2
school years after commencing employment. The teacher mentor must hold a valid professional
teaching certification, have at least 3 years of teaching experience, and have earned an effective or
highly effective rating on the prior year’s performance evaluation.
61
Generally, a temporary certificate is valid for 3 years and is nonrenewable; however, a temporary
certificate for military service members is valid for 5 years, limited to a one-time issuance, and is
nonrenewable.
62
The DOE must electronically issue a temporary certificate to a qualifying applicant within 14 calendar
days after it receives a request from the applicant’s employing school district or private school. The
DOE must also electronically provide an official statement of status of eligibility at the time the
certificate is issued. The statement must include each method by which an applicant can complete the
qualifications for a professional certificate.
63
In addition, the DOE must electronically notify a temporary
certificate holder, at least 1 year in advance of the date that his or her certificate will expire. The
notification must include the methods by which the certificate holder can complete the requirements for
a professional certificate.
64
A temporary certificate may be extended by 2 years if the requirements for the professional certificate,
other than the general knowledge requirement, have not been met due to serious illness or injury of the
applicant, military service by the applicant’s spouse, or other extraordinary extenuating circumstances;
or, the certificate holder is rated highly effective in the immediate year’s performance evaluation or has
completed a 2-year mentorship program
. 65
Renewal of Professional Certificates
A professional certificate must be renewed every 5 years.
66
An educator must submit an application,
67
pay a fee,
68
and earn at least six college credits or 120 inservice points, or a combination of both,
during each 5-year validity cycle to renew his or her professional certification.
69
At least three college
credits or 60 inservice points must be earned in each subject area for which renewal is sought.
70
Applicants for renewal of a professional certificate must earn at least one college credit or the
equivalent amount of inservice points in the area of instruction for teaching students with disabilities.
71
For professional certificates with specialization areas that include reading instruction or intervention for
students in kindergarten through grade 6 and a beginning validity date on or after July 1, 2020,
educators must complete two college credits or the equivalent amount of inservice points in specific
reading instruction and intervention strategies for renewal of coverages specified in SBE rule.
72
61
Section 1012.56(7)(d)1.-3., F.S.
62
Section 1012.56(7)(e)2., F.S.
63
Section 1012.56(1)(b), F.S.
64
Section 1012.56(7), F.S. (flush-left provisions at the end of subsection).
65
Section 1012.56(7), F.S. (flush-left provisions at the end of subsection).
66
Section 1012.585(2)(a), F.S.
67
Rule 6A-4.0051(3)(c), F.A.C. The DOE processes certification renewals for individuals who are not employed by district school
boards. Section 1012.585(1)(b), F.S. District school boards are responsible for processing certificate renewals for school district
employees. Section 1012.585(1)(a), F.S.
68
The fee for a certification renewal is $75. Rules 6A-4.0051(3)(c) and 6A-4.0012(1)(b)1. , F.A.C.
69
Section 1012.585(3)(a), F.S. Applicants may combine college credits and inservice points to meet this requirement. One semester
hour of college credit is equivalent to 20 inservice points. Rule 6A-4.0051(1)(a)2., F.A.C. College credits must be earned at an
accredited or state board-approved institution. Inservice points must be earned through participation in state board-approved school
district inservice activities. Rule 6A-4.0051(1)(a)1., F.A.C.; see rule 6A-4.003(1) and (2), F.A.C. (list of approved accrediting
agencies and guidelines for nonaccredited approved institutions).
70
Section 1012.585(3)(a), F.S.
71
Section 1012.585(3)(e), F.S. This required training may not add to the total hours required by the DOE for continuing education or
inservice training. Id.
72
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DATE: 4/21/2023
Certification in subject areas may also be renewed by earning a passing score on the corresponding
Florida-developed subject area test or standardized examination specified in SBE rule.
73
Certification
by the National Board for Professional Teaching Standards is deemed to meet certification renewal
requirements for the life of the certificate, in the corresponding certification subject area.
74
Adjunct Teaching Certificates
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 is valid through the term of the annual contract between the educator
and the school district.
75
An additional annual certification and an additional annual contract may be
awarded at the discretion of the school district, but only if the applicant is rated effective or highly
effective during each year of teaching under adjunct certification.
76
An adjunct teaching certificate
issued for a full-time teaching position is valid for no more than 3 years and is nonrenewable.
77
School
districts are required to:
78
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
The bill extends temporary teaching certificates from 3 years to 5 years, and provides that the
certificate is limited to a one-time issuance and is non-renewable.
The bill expands eligibility for temporary teaching certification to candidates who are currently enrolled
in a state-approved teacher preparation program, are actively completing the required program field
experience or internship at a public school, completes the subject area content requirements specified
in state board rule or demonstrates mastery of subject area knowledge, and can provide documentation
of completion of 60 college credits with a minimum cumulative grade point average of 2.5 on a 4.0
scale as provided by one or more accredited institutions of higher learning identified by the DOE.
A candidate with a beginning validity date of July 1, 2025 or later seeking to renew a professional
certificate in educational leadership must complete a minimum of 1 college credit or 20 inservice points
in Florida's educational leadership standards. This provision does not add toward the total 120 required
continuing education or inservice training hours currently required by the department.
Similar to district school boards, the bill authorizes a charter school governing board to adopt rules to
allow for the issuance of an adjunct teaching certificate to any applicant who fulfills the certification
requirements under the law. A charter school governing board must comply with the same
requirements as a district school board as it relates to certificate issuance, validity period, posting
requirements, and annual reporting.
Professional Development
Present Situation
73
Section 1012.585(3)(b), F.S. For the purposes of renewing a professional certificate, passage of a subject area examination is
equivalent to three semester hours of college credit. Rule 6A-4.0051(1)(b), F.A.C.
74
Section 1012.585(2)(b), F.S.; rule 6A-4.0051(1)(c), F.A.C.
75
Section 1012.57(4), F.S.
76
Id.
77
Id.
78
Section 1012.57(6)(a)-(b), F.S. STORAGE NAME: h1537f.EEC PAGE: 11
DATE: 4/21/2023
Professional Development Systems
Current law requires school districts to develop a professional development system in consultation with
classroom teachers, state colleges and universities, business and community representatives, and
local education foundations, consortia, and professional organizations.
79
Among other things, the
professional development system must:
80
support and increase the success of educators through collaboratively developed school
improvement plans;
assist the school community in providing stimulating, scientific research-based educational
activities that encourage and motivate students to achieve at the highest levels, and that
prepare students for success at subsequent educational levels and the workforce;
provide continuous support for all education professionals as well as temporary intervention for
education professionals who need improvement in knowledge, skills, and performance; and
provide training to teacher mentors as part of professional development certification and
education competency programs.
Each school district professional development system must:
81
Be reviewed and approved by the DOE.
Be based on analyses of student achievement data and instructional strategies and methods
that support rigorous, relevant, and challenging curricula for all students.
Provide inservice activities coupled with follow up support appropriate to accomplish district-
level and school-level improvement goals and standards. The inservice activities for
instructional personnel shall focus on analysis of student achievement data, ongoing formal and
informal assessments of student achievement, identification and use of enhanced and
differentiated instructional strategies that emphasize rigor, relevance, and reading in the content
areas, enhancement of subject content expertise, integrated use of classroom technology that
enhances teaching and learning, classroom management, parent involvement, and school
safety.
Provide inservice activities and support targeted to the individual needs of teachers.
Include a master inservice plan, or professional learning catalog, that identifies the educational
training programs that may generate inservice points toward recertification or add-on
certification.
82
Each district catalog must be updated annually by September 1, must be based
on input from teachers and district and school instructional leaders, and must use the latest
available student achievement data and research to enhance rigor and relevance in the
classroom.
83
Include inservice activities for school administrative personnel.
Provide for systematic consultation with regional and state personnel designated to provide
technical assistance and evaluation of local professional development programs.
Provide for delivery of professional development by distance learning and other technology-
based delivery systems to reach more educators at lower costs.
Provide for the continuous evaluation of the quality and effectiveness of professional
development programs in order to eliminate ineffective programs and strategies and to expand
effective ones.
For middle grades, emphasize interdisciplinary planning, collaboration, instruction, and
alignment of curriculum and instructional materials to the state academic standards.
Provide training to reading coaches, classroom teachers, and school administrators in effective
methods of identifying characteristics of conditions such as dyslexia and other causes of
diminished phonological processing skills; incorporating instructional techniques into the general
79
Section 1012.98(4)(b), F.S.
80
See section 1012.98(4)(b)1.-11., F.S.
81
Section 1012.98(4)(b), F.S.
82
Section 1012.98(4)(b)5., F.S.; Florida Department of Education, Master Inservice Plans,
http://www.fldoe.org/teaching/professional-dev/master-inservice-plans-mip.stml (last visited Mar. 9, 2023).
83
Section 1012.98(4)(b)5., F.S. STORAGE NAME: h1537f.EEC PAGE: 12
DATE: 4/21/2023
education setting which are proven to improve reading performance for all students; and using
predictive and other data to make instructional decisions based on individual student needs.
In addition to improving school district professional development systems,
84
the DOE is required to
disseminate research-based professional development methods and programs that have demonstrated
success in meeting identified student needs, including a database of exemplary professional
development activities, a listing of available professional development resources, training programs,
and available assistance.
85
William Cecil Golden Professional Development Program
The William Cecil Golden Professional Development Program for School Leaders is a collaborative
network of state and national professional leadership organizations for school principals. The program
is designed to respond to Florida’s needs for quality school leadership and support the efforts of school
leaders in improving instruction and student achievement and developing and retaining quality
teachers. Professional development provided through the program must be based upon the Florida
Principal Leadership Standards and other school leadership standards.
86
Effect of Proposed Changes
Traditional professional development is differentiated from professional learning, which is intended to
result in system-wide changes in student outcomes. Professional development is usually associated
with one-time workshops, seminars, or lectures that are one-size-fits-all. Professional learning is
typically interactive, ongoing, and tailored to the needs of educators. This approach encourages
educators to take ownership of learning and apply what they've learned in different contexts. The bill
defines professional learning as learning that is aligned to the state’s standards for effective
professional learning, educator practices, and leadership practices; incorporates active learning; is
collaborative; provides models; and is sustained and continuous.
The bill requires the Division of Law Revision to prepare a reviser's bill to replace references to the
term "professional development" with the term "professional learning" throughout the Early Learning -
20 Education Code to ensure an educational system-wide shift from professional development to
professional learning.
To increase the quality of educator professional learning activities offered by school districts, charter
schools, charter management organizations, and consortiums of private schools to instructional and
administrative staff, the bill specifies criteria which all professional learning inservice activities must
align to. Routine meetings for the purposes of information dissemination that do not align to the
established criteria are not eligible for inservice points.
The bill requires explicit training for school administrators to address the updated skills required for
instructional leadership and effective school management. The bill provides that school administrators’
visits to classrooms to provide mentorship, training, instructional feedback, or professional learning are
not a part of the teacher’s performance evaluations. To align with this change, the William Cecil
Golden Professional Development Program for School Leaders is amended to include instructional
coaching as a component to support the professional growth of instructional personnel.
The bill amends the William Cecil Golden Professional Development Program for School Leaders to
include instructional coaching as a component to support the professional growth of instructional
personnel.
84
Section 1012.98(4)(b)1., F.S.
85
Section 1012.98(4)(a)1., F.S.
86
Section 1012.986(1)-(2), F.S. STORAGE NAME: h1537f.EEC PAGE: 13
DATE: 4/21/2023
The bill requires the DOE to create a high-quality professional learning marketplace list on a centralized
webpage to aid in the identification of high-quality programs and resources that meet the professional
learning criteria and have demonstrated success in meeting student achievement needs.
Additionally, DOE must establish a calendar to review and approve all professional learning systems
every 5 years, by March 1, 2024. Any significant changes to the system made within the 5-year
timeframe must be re-submitted to the DOE for review and approval.
The bill authorizes school districts, charter management organizations, and private school consortiums
to hire outside professional learning providers to provide inservice training to staff. Contracted external
professional learning providers must have three or more years of experience providing professional
learning with demonstrable success in instructional or school administrator growth. The school district,
charter management organization, or private school consortium must certify that the provider’s
inservice activities meet the specified professional learning criteria.
To align with SBE rule, the bill renames the “master inservice plan”, which lists all inservice activities
from all funding sources, as the “professional learning catalog”.
Required Instruction
Present Situation
Among others topics, Florida law requires school districts to teach students certain topics relating to
specific populations and their experiences, including the study of women’s and Hispanic contributions
to the United States, the history of the Holocaust, and the history of African Americans.
87
Instruction on
the history of the Holocaust must be taught in a way that leads to an understanding of the
consequences of prejudice, racism, and stereotyping, and include both current and historic examples of
anti-Semitism.
88
Additionally, instruction on the history of African Americans must include the history of
Africans prior to development of slavery, the passage to America, the experience of slaves, the
abolition of slavery, and the contributions of African Americans to American society.
89
Asian Americans and Pacific Islanders
Asian Americans and Pacific Islanders (AAPIs) make up almost eight percent of the United States
population and roughly four percent of Florida’s population.
90
They are the fastest-growing major racial
or ethnic group in the United States.
91
More than 22 million Asians live in the United States and almost
all trace their roots to specific countries or populations from East and Southeast Asia and the Indian
subcontinent.
92
Asian/Pacific American Heritage month is celebrated every May to commemorate both the arrival of the
first Japanese immigrants to the United States on May 7, 1843, and completion of the transcontinental
railroad on May 10, 1869.
93
The majority of the workers who laid the tracks were Chinese immigrants.
94
Contributions of the AAPI community to America’s rich heritage include:
95
87
Section 1003.42(2), F.S.
88
Section 1003.42(2)(g)1., F.S.
89
Section 1003.42(2)(h), F.S.
90
United States Census Bureau, Race and Ethnicity in the United States: 2010 Census and 2020 Census,
https://www.census.gov/library/visualizations/interactive/race-and-ethnicity-in-the-united-state-2010-and-2020-census.html (last
visited February 20, 2023).
91
Pew Research Center, Key facts about Asian origin groups in the U.S., https://www.pewresearch.org/fact-tank/2021/04/29/key-
facts-about-asian-origin-groups-in-the-u-s/ (last visited February 20, 2023).
92
Id.
93
Asian Pacific American Heritage Month, About Asian/Pacific Heritage Month, https://asianpacificheritage.gov/about/ (last visited
February 20, 2023)
94
Id.
95
Food Safety and Inspection Service U.S. Department of Agriculture, ARCHIVE: Asian American and Pacific Islander Contributions
to our Nation’s History, https://www.fsis.usda.gov/employees/employee-news-stories/archives/archive-asian-american-and-pacific-
islander-contributions (last visited February 20, 2023). STORAGE NAME: h1537f.EEC PAGE: 14
DATE: 4/21/2023
Birthright Citizenship: After a year-long battle between Wong Kim Ark (born in San Francisco to
Chinese immigrants) and the U.S. Justice Department, the U.S. Supreme Court ruled in 1898
that children born in America to foreigners were U.S. citizens.
Technology: Taiwanese American Jerry Yang co-founded the web portal Yahoo! and
Taiwanese American Steven Chen co-founded the video-sharing platform, YouTube.
Architecture: Chinese American I.M. Pei designed the Rock & Roll Hall of Fame and Museum in
Cleveland, Ohio, and the National Gallery of Art in Washington, D.C. Japanese American
Minoru designed the original World Trade Center.
Fashion: Chinese American fashion designer Vera Wang “arguably become the most famous
luxury designer in the bridal market.”
96
Asian American and Pacific Islander History Education in Other States
In July 2021, during increased anti-Asian violence during the coronavirus pandemic, Illinois became the
first state to require Asian American history be taught in public schools.
97
Beginning in the 2022-2023
school year, every public elementary and high school in Illinois is required to include a unit of
instruction on the history of Asian Americans, including their history in Illinois and the Midwest.
98
In 2022, New Jersey became the second state to require school districts to provide kindergarten
through grade 12 instruction on the history and contributions of AAPIs as part of implementation of the
New Jersey Student Learning Standards in Social Studies.
99
Effect of Proposed Changes
The bill requires the history of Asian Americans and Pacific Islanders to be included in required
instruction. Topics taught must include the history of Japanese internment camps and the incarceration
of Japanese-Americans during World War II; the immigration, citizenship, civil rights, identity, and
culture of Asian Americans and Pacific Islanders; and the contributions of Asian Americans and Pacific
Islanders to American society. Instructional materials must include the contributions of Asian Americans
and Pacific Islanders to American society.
Generally, the DOE adopts instructional materials for subject areas according to a 5-year rotating
adoption schedule. Because the state adoption process for Social Studies is currently underway,
100
this
required instruction may not be included in the instructional materials adopted by the state. However,
student instruction will not be delayed.
Requirements for a High School Diploma
Present Situation
In order to be eligible for high school graduation, students must pass the statewide, standardized grade
10 ELA assessment or earn a concordant score on the SAT or ACT
101
and pass the Algebra I EOC
96
Harper’s Bazaar, How Vera Wang changed the way brides dressed forever, (Sept. 15, 2021)
https://www.harpersbazaar.com/uk/bazaar-brides/a37596791/vera-wang-bride-interview/ (last visited Mar. 19, 2023).
97
EdWeek, Illinois Becomes First State to Require Teaching Asian American History in Public Schools,
https://www.edweek.org/teaching-learning/illinois-becomes-first-state-to-require-teaching-asian-american-history-in-public-
schools/2021/07 (last visited February 20, 2023).
98
105 ILL. COMP. ST AT. 5/27-20.8. Contributions of Asian Americans shall include those of Asian American individuals in
government, the arts, humanities, and sciences, in addition to contributions of Asian American communities to the economic, cultural,
social, and political development of the United States. To ensure compliance, the regional superintendent of schools monitors school
districts during annual compliance visits. Individual school boards determine the instructional time required to qualify as a unit for the
purposes of the required instruction.
99
Official Site of the State of New Jersey, Governor Murphy Signs Legislation Ensuring AAPI-Inclusive Curriculum is Taught in New
Jersey Schools, https://www.nj.gov/governor/news/news/562022/20220118c.shtml, (last visited February 20, 2023).
100
Florida Department of Education, Florida Instructional Materials Adoption Schedule for Adoption Years 2021-2022 through 2025-
2026 (Jan. 24, 2022), available at http://www.fldoe.org/core/fileparse.php/5574/urlt/AdoptionCycle.pdf.
101
Section 1003.4282(3)(a), F.S.; rule 6A-1.09422(8)(a)2., F.A.C. STORAGE NAME: h1537f.EEC PAGE: 15
DATE: 4/21/2023
assessment or, beginning with students entering grade 9 in the 2018-19 school year, earn a
comparative score on the Math section of the Preliminary SAT/National Merit Scholarship Qualifying
Test (PSAT/NMSQT), the SAT, the ACT or the Geometry EOC assessment.
102
Beginning with the
2022-23 school year, and ESOL student enrolled in an ESOL program for less than 2 years who has
met all requirements for graduation except passage of the must-pass assessments, can meet the
requirements to pass the statewide, standardized grade 10 ELA assessment by satisfactorily
demonstrating grade-level expectations on formative assessments, in accordance with SBE rule.
103
A student must successfully complete 24 credits, an International Baccalaureate curriculum, or an
Advanced International Certificate of Education curriculum to earn a standard high school diploma.
104
The required credits may be earned through equivalent, applied, or integrated courses or career
education courses, including work-related internships approved by the SBE and identified in the course
code directory. However, any must-pass assessment requirements must be met.
105
In order to earn a standard high school diploma, a student must earn:
Four credits in ELA. The four credits must be in ELA I, II, III, and IV.
Four credits in mathematics. A student must earn one credit in Algebra I and one credit in
Geometry.
Three credits in science. Two of the three required credits must have a laboratory component. A
student must earn one credit in Biology I and two credits in equally rigorous courses.
Three credits in social studies. A student must earn one credit in U.S. History; one credit in
World History; one-half credit in economics; and one-half credit in U.S. Government.
106
One credit in fine or performing arts, speech and debate or practical arts. The practical arts
course must incorporate artistic content and techniques of creativity, interpretation, and
imagination.
One credit in physical education.
Eight credits in electives.
Beginning with the cohort entering grade 9 in the 2023-2024 school year, a student must complete
seven and one-half credits in electives and one-half credit in personal financial literacy in order to
graduate with a standard high school diploma.
107
To graduate, a student must complete the listed criteria and earn a cumulative GPA of 2.0 on a 4.0
scale.
108
At least one course must be completed through online learning.
109
A student who earns credit
upon completion of an apprenticeship or pre-apprenticeship program registered with DOE may use
102
Section 1003.4282(3)(b), F.S.; rule 6A-1.09422(8)(b)2., F.A.C., (amended on August 18, 2020, to include a comparative score on
the Geometry EOC assessment). Since the 2011-2012 school year, a student may also satisfy the Algebra I EOC by earning a
comparative score on the Postsecondary Education Readiness Test (PERT). Rule 6A-1.09422(8)(b)1., F.A.C.
103
Section 1003.433(3)(b), F.S.; rule 6A-1.09422(12), F.A.C.
104
Section 1003.4282(1)(a), F.S.
105
Section 1003.4282(1)(b), F.S. An equivalent course is one or more courses identified by content-area experts as being a match to
the core curricular content of another course, based upon review of the state academic standards for that subject. An applied course
aligns with state academic standards and includes real-world applications of a career and technical education standard used in business
or industry. An integrated course includes content from several courses within a content area or across content areas. Id.
106
The U.S. Government course must include a comparative discussion of political ideologies that conflict with the founding
principles of the United States. Beginning in the 2021-2022 school year, the students enrolled in the U.S. Government course must
take a civic literacy assessment identified by the SBE. A passing score satisfies the postsecondary civic literacy assessment
requirement and is not required for high school graduation. Section 1003.4282(3)(d), F.S.
107
Section 1003.4282 (3)(g) and (h), F.S. The required financial literacy course must cover types of bank accounts offered, opening
and managing a bank account, and assessing the quality of a depository institution's services; balancing a checkbook; basic principles
of money management; completing a loan application; receiving an inheritance and related implications; basic principles of personal
insurance policies; computing federal income taxes; local tax assessments; computing interest rates by various mechanisms; simple
contracts; contesting an incorrect billing statement; types of savings and investments; and state and federal laws concerning finance.
Section 1003.4282(3)(h), F.S.
108
Section 1003.4282(6)(a), F.S.
109
Section 1003.4282(4), F.S. STORAGE NAME: h1537f.EEC PAGE: 16
DATE: 4/21/2023
such credit to satisfy the high school graduation credit requirements for fine or performing arts, speech
and debate or practical arts, or the high school graduation credit requirements for electives.
110
Effect of Proposed Changes
The bill revises graduation requirements by replacing one credit in practical arts with one credit in
career and technical education. For receiving a standard high school diploma, the bill authorizes a
practical arts course that incorporates artistic content and techniques of creativity, interpretation, and
imagination to satisfy the one credit requirement in fine or performing arts, speech and debate, or
career and technical education.
Instructional Materials Related to Reproductive Health
Present Situation
School districts must provide health education instruction to Florida’s students.
111
This instruction must
cover, among other topics, the prevention and control of disease, prevention of child sexual abuse,
exploitation, and human trafficking, teen dating violence and abuse,
112
and the benefits of sexual
abstinence and the consequences of teen pregnancy.
113, 114
Additionally, school districts may provide
instruction in HIV/AIDS as part of their health education programs.
115
School districts must permit
parents to exempt their children from instruction related to reproductive health and any disease,
including HIV/AIDS.
116
Throughout instruction in acquired immune deficiency syndrome, sexually transmitted diseases, or
health education, when such instruction and course material contains instruction in human sexuality, a
school must:
Teach abstinence from sexual activity outside of marriage as the expected standard for all
school-age students while teaching the benefits of monogamous heterosexual marriage.
Emphasize that abstinence from sexual activity is a certain way to avoid out-of-wedlock
pregnancy, sexually transmitted diseases, including acquired immune deficiency syndrome, and
other associated health problems.
Teach that each student has the power to control personal behavior and encourage students to
base actions on reasoning, self-esteem, and respect for others.
Provide instruction and material that is appropriate for the grade and age of the student.
117
Instructional materials used to teach reproductive health and any disease, including HIV/AIDS, must be
approved annually by the district school board in an open, noticed public meeting.
118
The instructional
materials must be available through a link on the school district homepage for review by parents.
119
District school boards must notify parents of the right and the process to request an exemption from
reproductive health instruction and post such information on the district’s website homepage.
120
As the
instruction in these topics occurs over a range of grades, instruction and materials used must always
be appropriate for the grade and age of the student.
121
Effect of Proposed Changes
110
Section 1003.4282(8)(a)3., F.S.
111
Section 1003.42(2)(n), F.S.
112
Instruction in teen dating violence and abuse occurs in grades 7 through 12. Section 1003.42(2)(n)2., F.S.
113
Instruction in sexual abstinence and the consequences of teen pregnancy occurs in grades 6 through 12. Section 1003.42(2)(n)3.,
F.S.
114
Section 1003.42(2)(n), F.S.
115
Section 1003.46(1), F.S.
116
Section 1003.42(5), F.S.
117
Section 1003.46(2), F.S.
118
Section 1003.42(1)(b), F.S.
119
Section 1003.42(5), F.S.
120
Section 1002.20(3)(d), F.S.
121
Section 1003.46(2)(d), F.S. STORAGE NAME: h1537f.EEC PAGE: 17
DATE: 4/21/2023
The bill requires each school district to annually review and confirm that the reproductive health and
disease information, instructional materials, parental exemption process and form, and all associated
links available on the district school board website are accurate and up-to-date. District school boards
are required to notify parents by physical or electronic means any time revisions are made to such
information.
School District Zero Tolerance Policies and Procedures
Present Situation
District school boards must promote a safe and supportive learning environment in schools by
protecting students and staff from conduct that poses a threat to school safety. A threat assessment
team may use alternatives to expulsion or referral to law enforcement agencies to address disruptive
behavior through restitution, civil citation, teen court, neighborhood restorative justice, or similar
programs.
122
Zero tolerance policies must apply equally to all students regardless of their economic
status, race, or disability.
123
Each district school board must adopt a policy of zero tolerance that:
defines criteria for reporting to a law enforcement agency any act that poses a threat to school
safety that occurs whenever or wherever students are within the jurisdiction of the district school
board;
defines acts that pose a threat to school safety;
defines petty acts of misconduct which are not a threat to school safety and do not require
consultation with law enforcement;
minimizes the victimization of students, staff, or volunteers, including taking all steps necessary
to protect the victim of any violent crime from any further victimization;
establishes a procedure that provides each student with the opportunity for a review of the
disciplinary action imposed; and
requires the threat assessment team to consult with law enforcement when a student exhibits a
pattern of behavior, based upon previous acts or the severity of an act, that would pose a threat
to school safety.
124
Effect of Proposed Changes
The bill provides a rebuttal presumption in any disciplinary action that a student who intervenes, using
only the amount of force necessary, to stop a violent act against a student, staff, or volunteer was
necessary to restore or maintain the safety of others.
Powers and Duties of District School Boards
Present Situation
Each district school board must designate positions to be filled, prescribe qualifications for those
positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of
employees as follows:
125
Act upon written recommendations submitted by the district school superintendent for positions
to be filled, for minimum qualifications for personnel for the various positions, and for the
persons nominated to fill such positions.
Reject for good cause any employee nominated.
If the third nomination by the district school superintendent for any position is rejected for good
cause, if the district school superintendent fails to submit a nomination for initial employment
within a reasonable time as prescribed by the district school board, or if the district school
122
Section 1006.13(1), F.S.
123
Id.
124
Section 1006.13(2)(a)-(f), F.S.
125
Section 1012.22(1), F.S. STORAGE NAME: h1537f.EEC PAGE: 18
DATE: 4/21/2023
superintendent fails to submit a nomination for reemployment within the time prescribed by law,
the district school board may proceed on its own motion to fill such position.
Act no later than three weeks following the receipt of statewide, standardized assessment
scores and data under s. 1008.22, F.S., and school grades, or June 30, whichever is later, on
the district school superintendent’s nominations of supervisors, principals, and members of the
instructional staff.
Establish compensation and salary schedules.
Provide written contracts for all regular members of the instructional staff.
Act on recommendations of the district school superintendent regarding transfer and promotion
of any employee.
Suspend, dismiss, or return to annual contract members of the instructional staff and other
school employees.
Provide for recognition of district employees, students, school volunteers, and advisory
committee members who have contributed outstanding and meritorious service in their fields or
service areas.
Adopt rules to make provisions for teachers to have time for lunch, professional planning, and
professional development time when they will not be directly responsible for the children if some
adult supervision is furnished for the students during such periods.
Establish a comprehensive program of staff development that incorporates school improvement
plans pursuant to s. 1001.42, F.S., and is aligned with principal leadership training pursuant to
s. 1012.986, F.S., as a part of the plan.
The district school superintendent must perform all tasks necessary to make sound recommendations,
nominations, proposals, and reports required by law to be acted upon by the district school board. All
such recommendations, nominations, proposals, and reports by the superintendent must be either
recorded in the minutes or be made in writing, noted in the minutes, and filed in the public records to
the district school board.
126
Effect of Proposed Changes
The bill provides that a district school board may review and reappoint any member of the district
executive staff. This does not apply to a school district with an elected superintendent.
K-12 Student and Parent Rights
Present Situation
Florida law requires that parents of public school students be provided accurate and timely information
regarding their child’s academic progress and informed of ways they can help their child to succeed in
school.
127
To inform parents and enable them to direct and control their child’s education, the law
specifies various parental notice requirements, requires parental consent before public schools may
take certain actions, and allows parents to opt their child out of certain requirements for religious or
other reasons.
128
The law also allows students with certain medical conditions to administer their
medications during the school day. These medications include asthma inhalers, epinephrine auto-
injectors, diabetic supplies and equipment, and pancreatic enzyme supplements.
129
Students have a legitimate expectation of privacy to be secure in their persons and effects at school
and are protected from unreasonable searches and seizures conducted by school officials under the
Fourth Amendment of the U.S. Constitution.
130
However, the legality of student searches is judged by a
126
Section 1001.51, F.S.
127
Section 1002.20, F.S., (introductory paragraph at beginning of section).
128
See, e.g., s. 1002.20(3), F.S.
129
See, e.g., s. 1002.20(3)(h)-(k), F.S.
130
The Fourth Amendment provides that “The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched and the persons or things to be seized.” U.S. Const., amend. 4. STORAGE NAME: h1537f.EEC PAGE: 19
DATE: 4/21/2023
different standard than searches conducted by law enforcement officers or other government officials
outside of the school environment. Under ordinary circumstances, a search warrant supported by
probable cause is required to search one’s person or belongings. The court has attempted to balance
the privacy interests of students with the need to maintain a safe, efficient, and orderly school
environment. Thus, the U.S. Supreme Court has disposed of the warrant and probable cause
requirements for student searches. Instead, the legality of a search of a student conducted by school
officials depends upon the reasonableness of the search, under the circumstances.
131
Effect of Proposed Changes
The bill provides that a student may possess and use medications to relieve headaches while on school
property or at a school-sponsored event or activity without a physician’s note or prescription if the
medication is regulated by the United States Food and Drug Administration for over-the-counter use to
treat headaches.
In addition, the bill requires that any search of a student’s personal belongings, including a purse,
backpack, or bookbag, must be conducted discreetly in order to protect the privacy of the student’s
personal items. Personal items that are not prohibited on school grounds must be immediately returned
to the student’s personal belongings.
Postsecondary General Education Courses
Present Situation
The DOE is responsible for identifying the degree programs offered by public postsecondary
educational institutions.
132
The DOE must identify postsecondary career education programs offered by
Florida College System institutions and district school boards, as well as career courses designated as
college credit courses applicable toward a career education diploma or degree. Such courses must be
identified within the statewide course numbering system.
133
The chair of the SBE and the chair of the BOG, or their designees, jointly appoint faculty committees to
identify statewide general education core course options. General education core course options
consist of a maximum of five courses within each of the subject areas of communication, mathematics,
social sciences, humanities, and natural sciences. The core courses may be revised, or the five-course
maximum within each subject area may be exceeded, if approved by the SBE and the BOG, as
recommended by the subject area faculty committee and approved by the ACC as necessary for a
subject area. Each general education core course option must contain high-level academic and critical
thinking skills and common competencies that students must demonstrate to successfully complete the
course. Beginning with students initially entering a Florida College System institution or state university
in 2015-2016 and thereafter, each student must complete at least one identified core course in each
subject area as part of the general education course requirements. Beginning in the 2022-2023
academic year and thereafter, students entering a technical degree education program
134
must
complete at least one identified core course in each subject area as part of the general education
course requirements before a degree is awarded. All public postsecondary educational institutions shall
accept these courses as meeting general education core course requirements. The remaining general
education course requirements shall be identified by each institution and reported to the department by
their statewide course number. The general education core course options are adopted in rule by the
SBE and in regulation by the BOG.
131
New Jersey v. T.L.O., 469 U.S. 325, 340-342 (1985). The U.S. Supreme Court has upheld school district policies requiring students
to participate in random drug testing as a condition of participation in athletics and other extracurricular activities. See Vernonia
School District v. Acton, 515 U.S. 646, (1995) and Board of Education of Independent School District No. 92 of Pottawatomie County
v. Earls, 536 U.S. 822 (2002).
132
Section 1007.25(1), F.S.
133
Section 1007.25(2), F.S.
134
See s. 1004.02(13), F.S. STORAGE NAME: h1537f.EEC PAGE: 20
DATE: 4/21/2023
Effect of Proposed Changes
The bill requires the SBE and the BOG to identify colleges and universities to develop advanced
secondary general education courses and provide training to course instructors. This will provide an
opportunity for students to take collegiate-level general education core coursework while in high school.
Articulated Acceleration
Present Situation
High school students in Florida have a variety of avenues by which they can earn college credit. These
opportunities, known as articulated acceleration mechanisms, shorten the time necessary for a student
to complete the requirements for a high school diploma and a postsecondary degree. These
mechanisms also allow Florida schools to increase the depth of study in a particular subject and
expand available curricular options.
135
Programs that provide high school students with the opportunity to earn college credit include, but are
not limited to, dual enrollment and early admission, credit by examination, advanced placement, the
International Baccalaureate Program, and the Advanced International Certificate of Education Program.
Credit earned through the Florida Virtual School also provides additional opportunities for early
graduation and acceleration.
136
The DOE annually identifies and publishes the minimum scores, maximum credit, and course or
courses for which credit is to be awarded for each College Level Examination Program (CLEP) subject
examination, College Board Advanced Placement Program examination, Advanced International
Certificate of Education examination, International Baccalaureate examination, Excelsior College
subject examination, Defense Activity for Non-Traditional Education Support (DANTES) subject
standardized test, and Defense Language Proficiency Test (DLPT). In addition, the department also
identifies courses in the general education core curriculum of each state university and Florida College
System institution for which credit is to be granted.
137
Advanced Placement Program
The College Board’s Advanced Placement (AP) Program consists of over 38 rigorous high school
courses and nationally standardized examinations in multiple subject areas ranging from art to
statistics.
138
Cutoff scores and postsecondary course equivalencies are determined by the Articulation
Coordinating Committee (ACC) and approved by the SBE and the Board of Governors (BOG).
139
Currently, students may earn college credit only if they receive an examination score of three or higher
on a 5-point scale.
140
Public school students in Florida are exempt from the payment of any fees
associated with the administration of the examinations
141
regardless of whether they achieve a passing
score.
142
In addition to the AP Examination, the College Board established the AP Capstone Diploma to provide
students with opportunities to develop skills in critical thinking, independent research, collaborative
135
Section 1007.27(1), F.S.
136
Id.
137
Section 1007.27(2), F.S.
138
Florida Department of Education, Florida Counseling for Future Education Handbook 2021-2022 Edition, at 30, (2022), available
at https://dlss.flvc.org/documents/210036/1531784/FCFFEH_2021_2022.pdf/80ed74c7-21cf-0047-db7f-c8ee3910804d.
139
Section 1007.27(2) and (6), F.S.
140
Section 1007.27(5), F.S.
141
The College Board, AP Students Exam Fees, https://apstudents.collegeboard.org/exam-policies-guidelines/exam-fees (last visited
Mar. 16, 2023).
142
Section 1007.27(5), F.S. STORAGE NAME: h1537f.EEC PAGE: 21
DATE: 4/21/2023
teamwork, and communication skills.
143
The AP Capstone Diploma program is based on two year-long
AP courses: AP Seminar and AP Research. These two courses are designed to complement the other
AP courses taken by an AP Capstone student. Students typically take the AP Seminar course in either
grade 10 or 11, followed by the AP Research course.
Students who earn a score of 3 or higher on the exams for the AP Seminar course and the AP
Research course, plus earn a score of 3 or higher on four additional AP exams of their choosing,
receive the AP Capstone Diploma.
144
The AP Capstone Diploma program signifies that the student has
completed a certain set of requirements in high school to earn an advanced diploma in addition to the
standard high school diploma. There are 335 approved AP Capstone schools in Florida.
145
Articulation Coordinating Committee
The ACC, established by the Commissioner of Education, in consultation with the Chancellor of the
State University System, makes recommendations related to statewide articulation policies and issues
regarding access, quality, and reporting of data, to the Higher Education Coordination Council, the
SBE, and the BOG. The committee consists of two members each representing the State University
System, the Florida College System, public career and technical education, K-12 education, and
nonpublic postsecondary education and one member representing students. The chair is elected from
the membership.
146
The primary role of the Oversight Committee is to make recommendations based on information
resulting from reconciling designated common prerequisite courses with the Statewide Course
Numbering System to ensure accuracy and utility; building institution accountability for adhering to
designated program prerequisites and advising students appropriately; surveying the faculty sub-
committees to determine if changes in programs warrant changes in designated prerequisites;
conducting a review of institution catalogs for verification of the communication of common program
prerequisites; studying student participation in statewide agreements; and conducting a review of
current programs that may be candidates for statewide articulation, including institution surveys and
workforce trends.
147
Effect of Proposed Changes
The bill requires that all dual enrollment program courses be age and developmentally appropriate.
The bill authorizes DOE to partner with an independent third-party testing or assessment organization
to develop assessments to measure the competencies required for general education core courses in
order for students to earn postsecondary credit while in high school. The bill modifies the advanced
course options to include the advanced courses created by the FCS and SUS institutions identified by
DOE and earn college credit after achieving a minimum score on a postsecondary credit assessment
as identified by the DOE.
The bill requires the DOE, in cooperation with the BOG, to issue a report to the Legislature by January
1, 2024, on the alignment between acceleration mechanisms available to secondary students and
student success at the postsecondary level. The report must examine, at a minimum, how: acceleration
mechanisms align to secondary completion and rates of success; bonuses provided to classroom
teachers for completion or passage by students of acceleration courses impact school quality and
performance; acceleration mechanisms align to postsecondary completion rates; acceleration course
143
The College Board, What is the AP Capstone Diploma Program, at 2, https://apcentral.collegeboard.org/pdf/ap-capstone-student-
brochure.pdf?course=ap-capstone-diploma-program (last visited Mar. 16, 2023).
144
The College Board, How it Works, at 3, available at https://apcentral.collegeboard.org/pdf/ap-capstone-student-
brochure.pdf?course=ap-capstone-diploma-program.
145
The College Board, Participating AP Capstone Schools https://collegeboard.force.com/ParticipatingAPCapstoneSchools/s/ (last
visited Mar. 16, 2023).
146
Section 1007.01(3), F.S.
147
Florida Department of Education, Articulation Coordinating Committee- Oversight Committee,
https://www.fldoe.org/policy/articulation/committees/articulation-coordinating-committee-ov/ (last visited March 19, 2023). STORAGE NAME: h1537f.EEC PAGE: 22
DATE: 4/21/2023
offerings align with general education core courses and reduce time to complete a postsecondary
degree; and to improve acceptance of postsecondary credit earned through acceleration courses
through agreements with other states.
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School Grades
Present Situation
School grades are used to explain a school’s performance in a familiar, easy-to-understand manner for
parents and the public.
148
School grades are also used to determine whether a school must select or
implement a turnaround option.
149
Schools are graded using one of the following grades:
150
“A” for schools making excellent progress – 62 percent or higher of total points.
“B” for schools making above average progress – 54 percent to 61 percent of total points.
“C” for schools making satisfactory progress – 41 percent to 53 percent of total points.
“D” for schools making less than satisfactory progress – 32 percent to 40 percent of total points.
“F” for schools failing to make adequate progress – 31 percent or less of total points.
Each school that earns a grade of “A” or improves at least two letter grades may have greater authority
over the allocation of the school’s total budget generated from the Florida Education Finance Program
(FEFP), state categoricals, lottery funds, grants, and local funds.
151
Each school must assess at least 95 percent of its eligible students. Each school must receive a school
grade based on the school’s performance on the following components, each worth 100 points:
152
The percentage of eligible students passing statewide, standardized assessments in ELA;
The percentage of eligible students passing statewide, standardized assessments in
mathematics;
The percentage of eligible students passing statewide, standardized assessments in science;
The percentage of eligible students passing statewide, standardized assessments in social
studies;
The percentage of eligible students who make Learning Gains in ELA as measured by
statewide, standardized assessments;
The percentage of eligible students who make Learning Gains in mathematics as measured by
statewide, standardized assessments;
The percentage of eligible students in the lowest 25 percent in ELA, as identified by prior year
performance on statewide, standardized assessments, who make Learning Gains as measured
by statewide, standardized ELA assessments;
The percentage of eligible students in the lowest 25 percent in mathematics, as identified by
prior year performance on statewide, standardized assessments, who make Learning Gains as
measured by statewide, standardized Mathematics assessments; and
For schools comprised of middle grades 6 through 8 or grades 7 and 8, the percentage of
eligible students passing high school level statewide, standardized end-of-course assessments
or attaining national industry certifications identified in the CAPE Industry Certification Funding
List pursuant to SBE rule.
For a school comprised of grades 9, 10, 11, and 12, or grades 10, 11, and 12, the school’s grade is
based on the following components, each worth 100 points:
153
The 4-year high school graduation rate of the school.
The percentage of students who:
148
Section 1008.34(1), F.S. If there are fewer than 10 eligible students with data for a component, the component is not included in the
calculation. Section 1008.34(3)(a), F.S.
149
Section 1008.33(4), F.S. As the state transitions to the new progress monitoring system, schools will be held harmless for the 2022-
2023 school grades. Once learning gains can be calculated following the 2023-2024 school year, The SBE must evaluate the school
grading scale to determine if the scale should be adjusted. Section 1008.34(7), F.S.
150
Section 1008.34(2), F.S.; rule 6A-1.09981(4)(d), F.A.C.
151
Section 1008.34(2), F.S. (Flush-left provision).
152
Section 1008.34(3)(b)1.a.-i., F.S.
153
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DATE: 4/21/2023
were eligible to earn college and career credit through College Board Advanced
Placement examinations, International Baccalaureate examinations, dual enrollment
courses, including career dual enrollment courses resulting in the completion of 300 or
more clock hours during high school or Advanced International Certificate of Education
examinations;
at any time during high school, earned national industry certification identified in the
CAPE Industry Certification Funding List; or
beginning with the 2022-2023 school year, earned an Armed Services Qualification Test
score that falls within Category II or higher on the Armed Services Vocational Aptitude
Battery and earned a minimum of two credits in Junior Reserve Officers’ Training Corps
courses from the same branch of the United States Armed Forces.
Effect of Proposed Changes
Beginning in Fiscal Year 2023-2024, the bill adds an additional measure to the school grades formula
to include the percentage of eligible students who earn an achievement level 3 or higher on the grade
3, standardized ELA assessment. Additionally, for a school comprised of grades 9, 10, 11, and 12, or
grades 10, 11, and 12, the bill modifies one of the school grade components, the percentage of
students who were eligible to earn college and career credit, by including students who are eligible to
earn postsecondary credit through assessments identified by the DOE.
Charter Schools
Present Situation
All charter schools in Florida are tuition-free public schools within the state’s public education system.
154
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.”
155
Charter schools operate under a performance contract with a sponsor.
156
This
performance contract is known as a “charter.”
157
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.
158
State universities may sponsor charter lab schools.
159
School districts, FCS institutions, or a consortium of school districts or FCS institutions may
sponsor a charter technical career center.
160
During the 2021-2022 school year, there were 703 charter schools operating in 47 of Florida’s 67
school districts serving a total of 361,939 students.
161
Charter School Application
154
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.
155
Section 1002.33(2)(a)1., F.S.
156
Section 1002.33(1), (7), and (9)(a), F.S.
157
Section 1002.33(7) and (9)(c), F.S.
158
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.
159
Sections 1002.32(2) and 1002.33(5)(a)2., F.S.
160
Section 1002.34(3)(a)-(b), F.S.
161
Florida Department of Education, Office of Independent Education & Parental Choice Reports, Fact Sheet, Florida’s Charter
Schools (Sept. 2022), available at https://www.fldoe.org/core/fileparse.php/7778/urlt/Charter-Sept-2022.pdf. STORAGE NAME: h1537f.EEC PAGE: 25
DATE: 4/21/2023
An application for a new charter school may be made by an individual, teachers, parents, a group of
individuals, a municipality or a legal entity organized under Florida law.
162
The school must be
organized as, or be operated by a municipality, a public entity authorized under the law, or a nonprofit
organization.
163
Each charter school must have a governing board. The board is responsible for:
negotiating the school’s charter agreement with its sponsor;
exercising continuing oversight over the school’s operations;
adopting and maintaining an annual operating budget;
ensuring that annual audits are conducted;
submitting monthly financial statements to the sponsor and implementing corrective actions to
remedy financial instability;
submitting the school’s annual progress report to the sponsor; and
adopting policies which establish standards of ethical conduct for educational support
employees, instructional personnel, and school administrators.
164
A sponsor must receive and consider charter school applications during the year for charter schools to
be opened at a time determined by the applicant.
165
Charter school applications must:
166
demonstrate how the school will utilize the guiding principles;
167
provide a detailed curriculum plan aligned with the state’s academic standards;
168
contain goals and objectives for improving student learning and measuring such improvement;
describe the reading curricula and differentiated strategies for serving students at various levels
of reading ability;
contain an annual financial plan; and
disclose the name of each applicant, governing board member, and all proposed education
services providers; the name and sponsor of any charter school operated by each applicant,
each governing board member, and each proposed education services provider that has closed
and the reasons for the closure; and the academic and financial history of such charter
school.
169
Charter
After a charter school application is approved, the terms of the charter must be negotiated by the
applicant and sponsor using the standard charter contract within 30 days after approval of the
162
Section 1002.33(3)(a), F.S. see also Rule 6A-6.0786, F.A.C. and Florida Department of Education, Charter Schools, Model
Application Forms, https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Mar. 8, 2023).
163
Section 1002.33(12)(i), F.S. While a charter school must be a public or nonprofit entity, it may be managed by a for-profit
education management organization. Id.
164
Section 1002.33(7), (9)(h)-(k), and (12)(g)3. F.S.
165
Section 1002.33(6)(b), F.S. (2021) Prior to this change in 2021, applications had a deadline of February 1, with a school opening
date of 18 months later or at a time determined by the applicant.
166
Section 1002.33(6)(a)1.-6., F.S. A sponsor may require the applicant to submit additional information as an addendum to the
application. See also Florida Department of Education, Charter Schools, Model Application Forms,
https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Mar. 8, 2023).
167
The legislative guiding principles for charter schools provide that they are to meet high standards of student achievement while
increasing parental choice; increase learning opportunities for all students, with special emphasis on low-performing students and
reading and utilize innovative learning methods. Charter schools may also serve to provide rigorous competition to stimulate
improvement in traditional public schools, expand the capacity of the public school system, mitigate the educational impact created by
the development of new residential dwelling units and create new professional opportunities for teachers, including ownership of the
learning program at the school site. Section 1002.33(2), F.S.
168
Section 1003.41, F.S.
169
The sponsor must consider the history of these entities in deciding to approve or deny the application. Section 1002.33(6)(a)6.,F.S. STORAGE NAME: h1537f.EEC PAGE: 26
DATE: 4/21/2023
application.
170
The initial term of a charter is 5 years, excluding 2 planning years.
171
The charter must
include:
172
the types of students to be served, including ages and grade levels;
the curriculum focus and instructional methods to be used;
173
baseline standards of student academic achievement, outcomes to be achieved and methods of
measurement to be used;
174
the method for determining the strengths and needs of students and whether they are meeting
educational goals
175
and for secondary charter schools,
176
the method to determine a student
has satisfied the requirements for high school graduation;
the method for resolving conflicts between the governing body and the sponsor;
admission and dismissal procedures and the school’s student conduct code;
methods for achieving a racial/ethnic balance reflective of the community served;
the financial and administrative management of the school, including experience required for
management positions and a description of internal audit controls;
asset and liability projections;
a description of plans to identify various risks, reduce losses and ensure student and faculty
safety;
an agreement that the charter may be cancelled if the school has made insufficient progress
with student achievement;
the facilities to be used;
teacher qualifications, governance structure and timetables for implementing each element of
the charter;
full disclosure of all charter school employees who are relatives of charter school officials and
employees who have decision making authority over charter school operations; and
provisions for implementing high-performing charter school benefits if the charter school is
designated as “high-performing.”
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.
177
The charter school governing board determines the
school’s capacity based upon its contract.
178
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.
179
Enrollment preference may be given to:
170
Section 1002.33(7) and (7)(b), F.S. A sponsor may require the applicant to submit additional information as an addendum to the
application. See section 1002.33(6)(a)7., F.S.
171
Section 1002.33(7)(a)(12), F.S. (2018).
172
Section 1002.33(7)(a)1.-19., F.S.
173
The charter must ensure that reading is a primary focus of the curriculum and that resources are provided to identify and provide
specialized instruction to students who are reading below grade level. Additionally, to provide students with access to diverse
instructional delivery models, charter schools may implement blended learning courses. Section 1002.33(7)(a)2.a.-b., F.S. Any
changes to curriculum which are consistent with state standards are deemed approved under the charter unless the sponsor and the
DOE determine in writing that the curriculum is inconsistent with state standards. Section 1002.33(7)(d), F.S. (2021).
174
The district school board is required to provide academic student performance data for students coming from the district school
system to the charter, as well as rates of academic progress of comparable student populations in the district. Section 1002.33(7)(a)3.
(flush-left provision at the end of the sub-subparagraph).
175
Students in a charter school must, at a minimum, participate in Florida’s statewide assessments. Section 1002.33(7)(a)4., F.S.
176
In this context, the term “secondary education” is synonymous with “middle or high school” (grades 6 through 12). Generally,
elementary schools serve students in kindergarten through grade 5, middle schools serve students in grades 6 through 8, and high
schools serve students in grades 9 through 12. See s. 1003.01(2), F.S. (definition of “school”).
177
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.
178
Section 1002.31(2)(b), F.S.
179
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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
children who attend or are assigned to a failing school.
180
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.
181
A charter school may limit the enrollment process in order to target the following student populations:
182
Students within specific age groups or grade levels.
Students considered at risk of dropping out of school.
Exceptional education students.
Children of a business partner who seek to enroll in a charter school-in-the-workplace or
children of municipal residents who seek to enroll in a charter school-in-a-municipality.
Students residing within a reasonable distance of the charter school.
Students who meet reasonable academic, artistic or other eligibility standards established by
the charter school.
Students articulating from one charter school to another pursuant to an articulation agreement
between the charter schools that has been approved by the sponsor.
Students living in a development in which a developer, including any affiliated business entity or
charitable foundation, contributes to the formation, acquisition, construction, or operation of one
or more charter school facilities and related property in an amount equal to or having a total
appraised value of at least $5 million to be used as charter schools to mitigate the educational
impact created by the development of new residential dwelling units.
183
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.
184
The following chart
summarizes how a charter school’s share of FEFP funds is determined:
Calculating a Charter School’s Share of FEFP Funds
185
Sum of the
district’s operating
funds from the
FEFP and the
÷
The total funded
weighted full-time
x
The weighted
full-time
=
Charter school allotment of
FEFP dollars
180
Section 1002.33(10)(d)1.-3. and 5.-7., F.S.
181
Section 1002.33(10)(d)4.a.-b., F.S.
182
Section 1002.33(10)(e)1.-7., F.S.
183
Id. Students living in such a development are entitled to 50 percent of the student stations in the charter schools.
184
Section 1002.33(17)(a)-(b), 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. See s. 1002.33(17)(b), F.S.
185
Section 1002.33(17)(b) and (c), F.S. STORAGE NAME: h1537f.EEC PAGE: 28
DATE: 4/21/2023
GAA, including the
district’s gross
state and local
funds,
discretionary
lottery funds, and
funds from the
district’s current
operating
discretionary tax
levies
equivalent students
in the district
equivalent
students for the
charter school
A charter school is also entitled to a proportionate share of categorical funds included in the FEFP for
students who qualify for the categorical.
186
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.
187
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.
188
For charter schools operated by a not-for-profit or municipal entity, any unrestricted
current
189
and capital assets
190
identified in the charter school’s annual financial audit may be used for
other charter schools operated by the not-for-profit or municipal entity within the school district.
191
Charter School Capital Outlay
Beginning in Fiscal Year (FY) 2023-2024, charter school capital outlay funding consists of state funds
when funds are appropriated in the GAA and revenue resulting from the 1.5 discretionary millage a
school district levies if the amount of state funds appropriated for charter school capital outlay is less
than the average charter school capital outlay funds per unweighted full-time equivalent student for FY
2018-2019, multiplied by the estimated number of charter school students for the applicable fiscal year,
and adjusted by changes in the Consumer Price Index issued by the United States Department of
Labor from the previous fiscal year.
192
In FY 2022-2023, the Legislature appropriated $195,768,743 for
the Charter School Capital Outlay Allocation.
193
To be eligible for charter school capital outlay funding, a charter school must:
be in operation for at least two years;
186
Section 1002.33(17)(b), F.S.
187
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).
188
Section 1002.33(17)(b)1., F.S.
189
Current assets include cash or other assets that are reasonably expected to be realized in cash or sold or consumed within a year.
See Florida Department of Education, Financial and Program Cost Accounting and Reporting for Florida Schools (2021), at 2-1,
available at https://www.fldoe.org/core/fileparse.php/7507/urlt/REDBK.pdf.
190
Capital assets include, but are not limited to, land, land improvements, buildings, building improvements, vehicles, machinery,
furniture, equipment, and all other tangible and intangible assets that are used in operations and have useful lives that extend beyond a
single accounting period. See Florida Department of Education, Financial and Program Cost Accounting and Reporting for Florida
Schools (2021), at 2-3, available at https://www.fldoe.org/core/fileparse.php/7507/urlt/REDBK.pdf.
191
Id. Unrestricted current assets must be used in accordance with s. 1011.62, F.S., and any unrestricted capital assets shall be used in
accordance with s. 1013.62(2). Id.
192
Section 1013.62(1), F.S. For the 2022-2023 fiscal year, charter capital outlay consisted of funds appropriated in the General
Appropriations Act.
193
Florida Department of Education, 2022-23 Funding for Florida’s School Districts, at 7, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/fefpdist.pdf. STORAGE NAME: h1537f.EEC PAGE: 29
DATE: 4/21/2023
be governed by a governing board established in Florida for two or more years which operates
both charter schools and conversion charter schools within the state;
be part of an expanded feeder chain with an existing charter school in the district that is
currently receiving charter school capital outlay funds;
be accredited by a regional accrediting association as defined by state board rule;
serve students in facilities that are provided by a business partner for a charter school-in-the-
workplace; or
be operated by a hope operator.
194
In addition, a charter school must:
have an annual audit that does not reveal a financial emergency for the most recent fiscal year
for which such audit results are available;
have satisfactory student achievement based upon the state accountability standards applicable
to charter schools;
have received final approval from its sponsor for operation during that fiscal year; and
serve students in facilities that are not provided by the charter school sponsor.
195
Under SBE rule, satisfactory student achievement is determined by the school’s most recent grade
designation or school improvement rating from the state accountability system.
196
Satisfactory student
achievement for a school that does not receive a school grade or a school improvement rating,
including a school that has not been in operation for at least one year, are based on the student
performance metrics in the charter school’s charter agreement.
197
Allocations are not distributed until
school grade designations are known.
198
A charter school is not eligible for capital outlay funding if the
charter:
199
receives a grade designation of “F” or two consecutive grades lower than a “C”; or
receives a school improvement rating of “Unsatisfactory”.
Capital outlay funds may be used by a charter school’s governing board for the following:
200
Purchase of real property.
Construction of school facilities.
Purchase, lease-purchase or lease of permanent or relocatable school facilities.
Purchase of vehicles to transport students to and from the charter school.
Renovation, repair, and maintenance of school facilities that the charter school owns or is
purchasing through a lease-purchase or long-term lease of five years or longer.
Payment of the cost of premiums for property and casualty insurance necessary to insure the
school facilities.
Purchase, lease-purchase or lease of driver’s education vehicles, motor vehicles used for the
maintenance or operation of plants and equipment, security vehicles, or vehicles used in storing
or distributing materials and equipment.
Purchase, lease-purchase, or lease of computer and device hardware and operating system
software necessary for gaining access to or enhancing the use of electronic and digital
instructional content and resources.
Payment of the cost of the opening day collection for the library media center of a new school.
Effect of Proposed Changes
194
Section 1013.62(1)(a)1.a.-f., F.S.
195
Section 1013.62(1)(a)2.-5., F.S. A conversion charter school, i.e., a charter school created by the conversion of an existing public
school to charter status, is not eligible for capital outlay funding if it operates in facilities provided by its sponsor at no charge or for a
nominal fee or if it is directly or indirectly operated by the school district. S. 1013.62(1)(b), F.S.
196
Rule 6A-2.0020(4), F.A.C.
197
Id.
198
Id.
199
Rule 6A-2.0020(4)(a)-(b), F.A.C.
200
Section 1013.62(4)(a)-(i), F.S. STORAGE NAME: h1537f.EEC PAGE: 30
DATE: 4/21/2023
Current law authorizes a charter school to limit the enrollment process to students who meet
reasonable academic standards as established by the school. The bill clarifies that the admission and
dismissal procedures specified in a school’s charter may allow for dismissal based on a student’s
academic performance if academic performance was identified in the school’s enrollment process.
The bill amends the provision of student achievement for charter school capital outlay funding eligibility.
Under the bill, a charter school that meets the eligibility requirements under the law will be eligible for
charter capital outlay funding, so long as the school has not earned two consecutive grades of “F”,
three consecutive grades below a “C”, or two consecutive school improvement ratings of
“Unsatisfactory”.
Nationally Recognized High School Assessments
Present Situation
In 2021, the Legislature enacted a law requiring each school district, subject to an appropriation, to
select either the SAT or ACT for administration to all grade 11 students, including students attending
public high schools, alternative high schools, and Department of Juvenile Justice education
programs.
201
Priority funding is given to students on the direct certification list or if the student's
household income level does not exceed 185 percent of the federal poverty level.
202
For the past two years, the Legislature has appropriated each year $8 million to fund either the SAT or
ACT administration for all grade 11 students.
203
Effect of Proposed Changes
The bill expands eligible nationally recognized high school assessments that may be administered by
school districts to students in 11
th
grade, to include the Classical Learning Test (CLT). See Florida
Bright Futures Scholarship Program section for a description of the CLT.
The Florida Partnership for Minority and Underrepresented Student Achievement
Present Situation
In 2004, the Legislature passed the Florida Partnership for Minority and Underrepresented Student
Achievement (partnership) Act
204
recognizing the importance of not only access to college but also
success in college for all students. The intent of the partnership was to ensure that every student
enrolled in a public secondary school has access to high-quality, rigorous academics, with a particular
focus on access to advanced courses, with a particular focus on minority students and students who
are underrepresented in postsecondary education.
205
The DOE may contract for operation of the
partnership.
206
In order to prepare, inspire and connect students to postsecondary success and opportunity, public
high schools must provide for the administration of the Preliminary SAT/National Merit Scholarship
Qualifying Test (PSAT/NMSQT), or the PreACT to all enrolled 10th grade students. However, a written
notice must be provided to each parent which must include the opportunity to exempt his or her child
201
Chapter 2021-157, L.O.F. The ACT and SAT are two of several entrance exams used by colleges and universities to make
admissions decisions.
202
Specific Appropriation 135, Ch. 2022-156. L.O.F.
203
Id. Specific Appropriation 135, Ch. 2021-157, L.O.F.
204
Ch. 2004-63, L.O.F.
205
Section 1007.35(2)(b), F.S.; See Florida Department of Education, Annual Evaluation Report for Florida Partnership 2021-2022
(September 2022), available at https://www.fldoe.org/core/fileparse.php/19912/urlt/FLPA ER2122.pdf
206
Section 1007.35(3), F.S. STORAGE NAME: h1537f.EEC PAGE: 31
DATE: 4/21/2023
from taking the PSAT/NMSQT or the PreACT.
207
Test results from these assessments are used by
certified school counselors to identify students who are prepared or who need additional work to be
prepared to enroll and be successful in AP courses or other advanced high school courses.
The partnership is responsible for:
Providing teacher training and professional development on AP or other advanced courses.
Providing to middle school teachers and administrators professional development to prepare
students to enter high school ready to participate in advanced courses.
Providing teacher training and materials that are aligned with the State Standards and are
consistent with best theory and practice regarding multiple learning styles and research on
learning, instructional strategies, instructional design, and classroom assessment.
Providing assessment of individual strengths and weaknesses as related to potential success in
AP or other advanced courses and readiness for college.
Providing college entrance exam preparation.
Considering ways to incorporate Florida College System institutions in the mission of preparing
all students for postsecondary success.
Providing a plan for communication and coordination of efforts with the Florida Virtual School’s
provision of online AP or other advanced courses.
Working with school districts to identify minority and underrepresented students for participation
in AP or other advanced courses.
Working with school districts to provide information to students and parents that explains
available opportunities for students to take AP and other advanced courses and that explains
enrollment procedures that students must follow to enroll in such courses.
Providing information to students, parents, teachers, counselors, administrators, districts,
Florida College System institutions, and state universities regarding PSAT/NMSQT or the
PreACT administration.
Cooperating with the DOE to provide information to administrators, teachers, and counselors,
whenever possible, about partnership activities, opportunities, and priorities.
Effect of Proposed Changes
The bill requires the SBE and the BOG to identify colleges and universities to develop and provide
teacher training and professional development for advanced courses in order to prepare students for
success on advanced course assessments that lead to postsecondary credit and mastery of
postsecondary general education core courses.
Florida Bright Futures Scholarship Program
Present Situation
Bright Futures Eligibility
The Florida Bright Futures Scholarship Program is a lottery-funded scholarship program for Florida high
school graduates who merit high academic achievement and enroll in a degree, certificate, or applied
technology program at an eligible Florida public or private postsecondary education institution.
208
There
are four awards through the Florida Bright Futures Scholarship program, including the Florida
Academic Scholarship (FAS), the Florida Medallion Scholarship (FMS), the Florida Gold Seal CAPE
Scholarship, and the Florida Gold Seal Vocational Scholarship.
209
Florida high school students who wish to qualify for the FAS award or the FMS award must meet the
following initial eligibility requirements:
Graduate high school from a Florida public high school with a standard Florida high school
207
Section 1007.35(4) and (5), F.S. Public school districts must choose either the PSAT/NMSQT or the PreACT for districtwide
administration. Funding for the PSAT/NMSQT or the PreACT for all 10th grade students is contingent upon annual funding in the
General Appropriations Act.
208
Section 1009.53(1), F.S.
209
Section 1009.53(2), F.S. STORAGE NAME: h1537f.EEC PAGE: 32
DATE: 4/21/2023
diploma, graduate from a registered Florida DOE private high school, earn a GED, complete a
home education program, or graduate from a non-Florida high school if specific conditions are
met;
Complete the required high school coursework;
Achieve the required minimum high school grade point average (GPA);
Achieve the required minimum score on either the ACT® or SAT® college entrance exam by
June 30 of high school graduation year;
210
Complete the required number of volunteer service or 100 paid work hours; and
Submit a Florida Financial Aid Application no later than August 31 after high school
graduation.
211
For the purposes of calculating the grade point average to be used in determining initial eligibility for a
Bright Futures Scholarship, the DOE assigns additional weights to grades earned in the following
courses:
Courses identified in the course code directory as Advanced Placement, pre-International
Baccalaureate, International Baccalaureate, International General Certificate of Secondary
Education, or Advanced International Certificate of Education.
Courses designated as dual enrollment courses in the statewide course numbering system.
212
Type of
Award
High School
Weighted Bright
Futures GPA
College Entrance Exams by High School Graduation
Year (ACT/SAT)
213
Florida
Academic
Scholars
3.50
214
2022-23 Graduates
29/1330
2023-24 Graduates
29/1340
Florida
Medallion
Scholars
3.00
215
2022-23 Graduates
25/1210
2023-24 Graduates
25/1210
The DOE is required to develop a method for determining the required examination scores students
must earn on college entrance exams and ensure the scores are equivalent between the SAT and
ACT. The ACT scores are made concordant to the required SAT scores using the latest published
national concordance table developed jointly by the College Board and ACT, Inc.
216
The minimum required SAT score for FAS is set at the 89
th
national percentile, and the minimum
required SAT score for FMS is set at the 75
th
national percentile. The minimum ACT scores are
concordant to the bottom of the SAT score ranges for FAS and FMS eligibility, respectively.
217
The SAT registration fee is $60.
218
The cost to take ACT-no writing is $66, and ACT-with writing is
$91.
219
210
To ensure that the required examination scores represent top student performance and are equivalent across assessments, the DOE
is responsible for developing a method for determining the required examination scores. Section 1009.531(6)(c), F.S.
211
Florida Student Financial Aid, Florida Bright Futures Student Handbook (2022), at 3, available at
https://www.floridastudentfinancialaidsg.org/PDF/BFHandbookChapter1.pdf.
212
Section 1009.531(3), F.S. The DOE may assign additional weights to courses, not to exceed 0.5 additional weight per course, to
courses identified as containing rigorous academic curriculum and performance standards. (Flush-left provision at end of paragraph).
213
The ACT and SAT are two of several entrance exams used by colleges and universities to make admissions decisions.
214
Section 1009.534(1)(a), F.S.
215
Section 1009.535(1)(a), F.S.
216
Section 1009.531(6), F.S.
217
Id.
218
The College Board, SAT Suite of Assessments, Test Fees, https://satsuite.collegeboard.org/sat/registration/fees-refunds/test-fees
(last visited Apr. 6, 2023).
219
ACT, Current ACT Fees and Services, https://www.act.org/content/act/en/products-and-services/the-act/registration/fees.html (last
visited Apr. 6, 2023). STORAGE NAME: h1537f.EEC PAGE: 33
DATE: 4/21/2023
In the 2021-22 academic year, 119,837 students received a disbursement from the Florida Bright
Futures Scholarship and disbursements totaled $604,682,656.
220
Student Volunteer Requirements for the Florida Bright Futures Scholarship Program
Each award from the Bright Futures Scholarship Program requires a student to complete a specified
number of hours of volunteer service work to be eligible to receive a scholarship award. A student must
meet the following service requirements:
Bright Futures Scholarship Program Required Service Hours
221
FAS 100 volunteer or paid
work hours
FMS 75 volunteer hours or 100
paid work hours
FGSV 30 volunteer hours or 100
hours of paid work
FGSC 30 volunteer hours or 100
hours of paid work
The student’s volunteer service work or paid work must be approved by the district school board, the
administrators of a nonpublic school, or the DOE for home education students.
222
Each district school board and the administrators of a nonpublic school must establish approved
activities and the process for documentation of service hours, including the deadline by which the hours
must be completed.
223
Service work may include, but is not limited to, a business or governmental
internship, work for a nonprofit community service organization, or activities on behalf of a candidate for
public office.
224
The hours earned by a student must be documented in writing, signed by the student and the student’s
parent or guardian, and a representative of the organization where the work was performed.
In addition to the service hours, a student must identify a social or civic issue or a professional area that
interests him or her, develop a plan for their personal involvement in addressing the issue or learning
more about the area, and, through papers or presentations, evaluate and reflect upon his or her
experience.
225
Classic Learning Test
The Classic Learning Test (CLT) is a college entrance exam that offers assessments that evaluate
English, grammar, and mathematical skills, providing a comprehensive measure of achievement and
aptitude. The CLT exams emphasize foundational critical thinking skills and are accessible to students
from a variety of educational backgrounds. The “classic” in Classic Learning Test refers to the use of
classic literature and historical texts for the reading selections on the exams.
226
The CLT uses a number system called a scaled score with a scale that ranges from 0 to 120. Each of
three sections (Verbal Reasoning, Grammar/Writing, and Quantitative Reasoning) are scored out of 40.
The cost to take CLT is $54.
227
220
Florida Student Financial Aid, Florida Bright Futures Student Counts and Total Costs, Report A, available at
https://www.floridastudentfinancialaidsg.org/PDF/PSI/BFReportsA.pdf.
221
Sections 1009.534(1), 1009.535(1), 1009.536(1)(e), F.S.
222
Id.
223
2021-22 Bright Futures Student Handbook, Chapter 1: Initial Eligibility Requirements (Aug. 5, 2021), at 4 and 6-7, available at
https://www.floridastudentfinancialaidsg.org/PDF/BFHandbookChapter1.pdf.
224
Id.
225
Id.
226
CLT, What is the Classic Learning Test (CLT)?, https://www.cltexam.com/ (last visited Apr. 6, 2023).
227
CLT, Frequently Asked Questions, https://www.cltexam.com/faqs/ (last visited Apr. 6, 2023). STORAGE NAME: h1537f.EEC PAGE: 34
DATE: 4/21/2023
Florida postsecondary institutions that accept the CLT as a college entrance exam include:
Reformation Bible college, Pensacola Christian college, Trinity Baptist College, Ave Maria University,
Florida College, Stetson University, Saint Leo University, Trinity College of Florida, Palm Beach Atlantic
University, Warner University, and Southeastern University.
228
Effect of Proposed Changes
The bill expands eligible assessments students may take to earn a Florida Academic Scholars Award
and a Florida Medallion Scholars award, under the Bright Futures Scholarship Program, adding the
Classical Learning Test (CLT).
The bill expands upon the courses eligible to be assigned additional weight for the purposes of
calculating the grade point average for Florida Bright Futures eligibility to include advanced courses.
The bill requires the ACT and CLT scores be made concordant to the required SAT scores, using the
latest published national concordance table developed jointly by the College Board, ACT, Inc., and
Classical Learning Initiatives.
The bill changes the volunteer and work requirements for the Bright Futures Scholarship Program to
include volunteer service, paid work, or a combination for FAS, FMS, FGSV, and FGSC. Eligible paid
work completed on or after June 27, 2022 must be included in a student's total number of required paid
work hours. Furthermore, the bill provides retroactive authority for students to include paid work
completed on or after June 27, 2022 in the student’s total of required paid work hours.
Traditional and Year-Round School Schedules
Present Situation
In Florida, district school boards are responsible for the operation of all public schools for a minimum of
180 days or the hourly equivalent.
229
Boards are responsible for the opening and closing of public
schools and may not have an opening date earlier than August 10 of each year.
230
In addition to a traditional 180-day schedule, Florida law does authorize a school to operate a year-
round schedule.
231
Year-round schools have educational opportunities over an eleven- or twelve-month
period, with shorter, staggered vacation periods, as opposed to traditional schedules having
educational opportunities over an eight or nine consecutive month period with consecutive months for
vacation.
232
For the 2021-2022 school year, 16 public schools in 10 school districts participated in a year-round
school schedule.
233
Florida’s School Funding
228
CLT, Find a Partner College - FL, https://www.cltexam.com/colleges/ (last visited Apr. 6, 2023).
229
Section 1001.42(12)(a), F.S. Hourly equivalent equates to 900 hours for students in grades 4 through 12 and 720 hours for students
in kindergarten through grade 3. Section 1011.61(1)(a)1., F.S. Florida law does not require a minimum number of hours or minutes
per school day.
230
Section 1001.42(4)(f), F.S.
231
Section 1011.62(1)(q), F.S.
232
Florida Department of Education, Automated Student Information System Student Data Elements (2019-20), available at
https://www.fldoe.org/core/fileparse.php/18758/urlt/1920-196225.pdf.
233
Email from Cory Dowd, Legislative Affairs Director, Florida Department of Education, RE: Year Round Schools (Mar. 8, 2023). STORAGE NAME: h1537f.EEC PAGE: 35
DATE: 4/21/2023
The Florida Education Finance Program (FEFP) provides funding for a 180-day regular school year, or
the hourly equivalent of 180 days.
234
Under the FEFP, financial support for education is based on the
full-time equivalent (FTE)
235
student membership in public schools.
236
School districts report student membership through a number of surveys periods. For FTE reporting,
the survey periods cover the following time frames:
237
Survey Period 1 (July) covers the time period from the beginning of the fiscal year (July 1) to the
beginning of the defined 180-day school year.
Survey Period 2 (October) covers the first 90 days of the 180-day school year.
Survey Period 3 (February) covers the second 90 days of the 180-day school year.
Survey Period 4 (June) covers the period from the end of the 180-day school program to the
end of the fiscal year (June 30).
Survey Period 5 covers reporting of prior school year data for specified programs.
For schools following a traditional schedule, Surveys 2 and 3 cover the first and second 90 days of the
180-day school year.
238
Year-round schools report the first 90 days of their 180-day school year in October and their second 90
days of their 180-day school year should be reported in the February survey.
239
Effect of Proposed Changes
To study the issues, benefits, and schedule options for instituting a year-round school program for all
students, the bill creates, beginning with the 2024-2025 school year, a year-round school pilot program.
The program is established for a period of four years and requires the DOE to assist school districts in
establishing a year-round school program within at least one elementary school in the district.
The bill allows school districts to apply to the DOE for participation in the pilot program, in a format and
date determined by the DOE. The application to participate, as specified in the bill, must include:
The number of students enrolled in the elementary school or schools that will implement a year-
round school program.
The academic performance of the students enrolled in such school or schools.
The rate of absenteeism and tardiness of students enrolled in such school or schools.
The commitment of such school’s or schools’ instructional personnel and students to the year-
round program.
An explanation of how the implementation of the year-round school program will benefit the
students.
The bill requires the Commissioner of Education (commissioner) to select five school districts to
participate in the pilot program. The selected schools, to the extent possible, should represent a variety
of demographics, including, but not limited to, an urban, a suburban, and a rural school district.
234
Florida Department of Education, Full-Time Equivalent (FTE) General Instructions 2022-2023 (2022), at 7, available at
https://www.fldoe.org/core/fileparse.php/7508/urlt/2223FTEGenInstruct.pdf. Exceptions include the Department of Juvenile Justice
programs; Juveniles Incompetent to Proceed programs; the Florida Virtual School; and Virtual instruction programs; and virtual
charter schools for the purpose of course completion and credit recovery.
235
Section 1011.62(1)(i)1., F.S. A “full-time student” is one student on the membership roll of one school program or a combination
of school programs for the school year or the equivalent for instruction in a standard school, comprising not less than 900 net hours for
a student in or at the grade level of 4 through 12, or not less than 720 net hours for a student in or at the grade level of kindergarten
through grade 3 or in an authorized prekindergarten exceptional program. A full-time equivalent student in a virtual instruction
program, virtual charter school, or FLVS consists of 6 full-credit completions or the prescribed level of content that counts toward
promotion to the next grade. Credit completions may be a combination of full-credit courses and half-credit courses.
236
Id.
237
Florida Department of Education, Full-Time Equivalent (FTE) General Instructions 2022-2023 (2022), at 9, available at
https://www.fldoe.org/core/fileparse.php/7508/urlt/2223FTEGenInstruct.pdf,.
238
Florida Department of Education, Full-Time Equivalent (FTE) General Instructions 2022-2023 (2022), at 67, available at
https://www.fldoe.org/core/fileparse.php/7508/urlt/2223FTEGenInstruct.pdf,.
239
Id. at 68. STORAGE NAME: h1537f.EEC PAGE: 36
DATE: 4/21/2023
A school district enrolled in a year-round school program must implement a single or multi-tract
schedule and provide data to the DOE which allows for:
The assessment of the academic and safety benefits associated with establishing a year-round
school program.
The evaluation of any protentional barriers for a school district upon implementation of a year-
round school program, including:
o Issues related to the commitment of instructional personnel and students.
o The provision of services during the summer months.
o School district budgeting.
o Parental engagement and participation.
o Coordination with community services.
o Student assessment and progression practices.
o Student transportation.
Consideration of strategies for addressing potential barriers.
Upon completion of the program, the commissioner must provide a report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives. The report must include:
The number of students enrolled at participating schools.
The number of students enrolled at participating schools before and after the implementation of
the year-round school program.
Any health, academic, and safety benefits for students or instructional personnel from the
implementation of the year-round school program.
An evaluation of any potential barriers for school districts and families associated with a year-
round school program.
The commissioner's recommendation on the adoption of year-round school programs for all
students.
The bill authorizes the SBE to adopt rules to administer the program.
Commission for Independent Education
Present Situation
The Commission for Independent Education (commission), within the DOE, is responsible for
exercising independently all powers, duties, and functions relating to independent postsecondary
educational institutions in consumer protection, program improvement, and licensure for institutions
under its purview.
240
An independent postsecondary institution means “any postsecondary educational
institution that operates in the state or makes application to operate in this state, and is not provided,
operated, and supported by the State of Florida, its political subdivisions, or the Federal
Government.”
241
The commission is comprised of seven members:
242
two representatives of independent colleges or universities licensed by the commission;
two representatives of independent, nondegree-granting schools licensed by the commission;
one member from a public school district or Florida College System institution who is an
administrator of career education;
one representative of a religious postsecondary institution not subject to oversight by the
commission
243
; and
one lay member who is not affiliated with an independent postsecondary educational institution.
240
Section 1005.21(2), F.S.
241
Section 1005.02(11), F.S.
242
Section 1005.21(2), F.S.
243
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DATE: 4/21/2023
Commission members are appointed to three-year terms by the Governor and are subject to
confirmation by the Senate.
244
The commission is required to meet at least four times each fiscal
year.
245
The powers and duties of the commission include:
246
holding meetings as necessary to administer its duties;
annually selecting a chairperson and vice chairperson, appointing and reviewing an executive
director, and authorizing the executive director to appoint employees of the commission;
adopting and using an official seal in the authentication of its acts;
making rules for its own governance;
247
maintaining a record of its proceedings;
cooperating with other state and federal agencies and other nongovernmental agencies in
administering its duties;
providing cause to be investigated criminal justice information for each owner, administrator,
and agent employed by an institution applying for licensure from the commission;
serving as a central agency for collecting and distributing current information regarding
institutions licensed by the commission;
informing independent postsecondary educational institutions of laws adopted by the Legislature
and rules adopted by the SBE and the commission and of their responsibility to follow those
laws and rules;
establishing and publicizing the procedures for receiving and responding to complaints from
students, faculty, and others concerning institutions or programs under the purview of the
commission, and keeping records of such complaints in order to determine the frequency and
nature of complaints with respect to the specific institutions of higher education;
providing annually to the Office of Student Financial Aid Assistance of the DOE information and
documentation that can be used to determine an institutions eligibility to participate in state
student financial assistance programs;
coordinating and conveying annual reports to the Commissioner of Education relating to
campus crime statistics, assessment of physical plant safety, and the antihazing policies of
nonpublic postsecondary educational institutions eligible to receive state-funded student
assistance;
identifying and reporting to the Office of Student Financial Aid Assistance the accrediting
associations recognized by the United States (US) DOE which have standards that are
comparable to the minimum standards required to operate an institution at that level in this
state; and
assuring that an institution is not required to operate without a current license because of the
schedule of commission meetings or application procedures, if the institution has met the
commission’s requirements for licensure or license renewal.
In addition, the commission has administrative powers and responsibilities, which include:
248
adopting rules for the operation and establishment of independent postsecondary educational
institutions and submitting rules to the SBE for approval;
submitting an annual budget to the SBE;
transmitting all fees, donations, and other monies to the Institutional Assessment Trust Fund;
and
expending funds as necessary to assist in the application and enforcement of all powers and
duties.
The Chief Financial Officer is required to pay out all moneys and funds as directed upon vouchers
approved by the DOE for all lawful purposes necessary to the commission’s administration. The
commission is required to make annual reports to the SBE showing in detail amounts received and all
244
Section 1005.21(2), F.S.
245
Section 1005.21(4), F.S.
246
Section 1005.22(1)(f)-(o), F.S.
247
Section 1005.22(1)(a)-(d), F.S.
248
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DATE: 4/21/2023
expenditures. The commission must include in its annual report to the SBE a statement of its major
activities during the period covered by the report.
249
Effect of Proposed Changes
The bill expands the commission's powers and duties to include the authority to examine and
investigate the affairs of every person, entity, or independent postsecondary institution within its
respective regulatory jurisdiction, in order to determine whether the person, entity, or independent
postsecondary institution is operating in accordance with the law or has been or is engaged in any
unfair or deceptive act or practice prohibited by the fair consumer practices section of law.
Fair Consumer Practices
Present Situation
Annually, private, not-for-profit postsecondary institutions located and chartered in the state of Florida,
which are exempt from licensure, collect and disclose information relating to fair consumer practices.
The institutional requirements relating to fair consumer practices include:
250
disclosing to each prospective student a statement of purpose that includes educational
programs and curricula, a description of the physical facilities, licensure status, and fee
schedule and related policies at least one week prior to enrollment or collection of tuition;
assessing, prior to accepting a student, the student’s ability to complete a course of study
successfully;
accurately informing each student about financial assistance and obligations for repayment of
loans, describing any employment placement services available, and refraining from promising
or implying guaranteed placement, market availability or salary amounts;
providing prospective and enrolled students accurate information regarding the relationship of
its programs to state licensure requirements for practicing related occupations and professions
in Florida;
ensuring all advertisements are accurate and not misleading;
publishing and following an equitable prorated refund policy for all students and following both
the federal guidelines regarding the receipt of federal financial assistance and commission rule
regarding minimum refund guidelines;
following the requirements of state and federal laws requiring annual reporting of crime statistics
and physical plant safety; and
publishing and following procedures for handling student complaints, disciplinary actions and
appeals.
In addition, institutions that are required to be licensed by the commission must disclose to prospective
students that additional information regarding the institution may be obtained by contacting the
commission.
251
Effect of Proposed Changes
The bill expands upon the provisions of fair consumer practices to include that prior to enrollment, every
institution that is under the jurisdiction of the commission as well as those expressly exempt from the
jurisdiction of the commission that directly or indirectly solicits enrollment must provide a written
disclosure to a student or prospective student, that includes: all fees and costs that will be incurred by a
student; the institution’s refund policy; any exit examination requirements; and the grade point average
required for completion of the student’s program or degree. The disclosure must include a statement
regarding the scope of accreditation, if applicable. The commission is required to prescribe the format
that institutions must use to disclose the required information.
249
Section 1005.22(1)(e)4., F.S.
250
Section 1005.04(1), F.S.
251
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DATE: 4/21/2023
The bill requires, in any application for licensure, the person, entity, or institution asserting compliance
to bear the burden of demonstrating compliance with fair consumer practices. The commission is
responsible for determining compliance with fair consumer practices. The commission has the authority
to request additional evidence and conduct further investigations, in addition to any information
submitted, as the commission deems necessary.
Licensure of Institutions
Present Situation
All postsecondary institutions under the jurisdiction or purview of the commission must obtain licensure
from the commission in order to operate in the state of Florida.
252
The commission is responsible for
developing minimum standards by which to evaluate institutions for licensure. These standards must
include, at least, the institution’s name, financial stability, purpose, administrative organization,
admissions and recruitment, educational programs and curricula, retention, completion, career
placement, faculty, learning resources, student personnel services, physical plant and facilities,
publications and disclosure statements about the status of the institution with respect to professional
certification and licensure.
253
Approved-applicant status may be extended to all institutions that have submitted a complete
application for provisional licensure and paid all attendant fees. Institutions granted approved-applicant
status may not advertise, offer programs of study, collect tuition or fees, or engage in any other
activities not specifically approved by the commission.
254
When the commission determines that an applicant for initial licensure is in substantial compliance with
the licensure standards, provisional licensure is granted for a period not to exceed one year. A
provisional license issued for initial licensure may be extended for up to one year. A licensed institution
that has undergone a substantive change, as defined by rule, must be granted a provisional license for
a set period of time, after which the institution may apply for a different status. A provisional license
may include commission-mandated conditions, and all conditions must be met before the institution can
be granted a different licensure status.
255
The commission must ensure, through an investigative process, that applicants for licensure meet the
specified standards and may issue a licensure delay if this investigative process is not completed within
the statutory limits of the Administrative Procedures Act.
256
Agencies must provide notice of any
apparent errors or omissions in an application for licensure within 30 days.
257
The law also prohibits the
denial of an application for failure to correct an error or omission if the appropriate 30 day notification is
not provided.
258
An application for a license must be approved or denied within 90 days after receipt of
a completed application.
259
Through an investigation, the commission must ensure that applicants for
licensure meet all standards. When the investigation is not completed within 90 days and the
commission has reason to believe that the applicant does not meet licensure standards, the
commission or the commission's executive director may issue a 90-day licensure delay, which must be
in writing and sufficient to notify the applicant of the reason for the delay.
260
An annual license must be granted to an institution holding a provisional license, or seeking a renewal
of an annual license, upon demonstrating full compliance with licensure standards. An annual license
may be extended for up to 1 year if the institution meets all requirements for an extension.
261
252
Sections 1005.31(1)(a) and 1005.06(1), F.S.
253
Section 1005.31(2), F.S.
254
Section 1005.31(4), F.S.
255
Section 1005.31(5), F.S.
256
Section 1005.31(6), F.S.
257
Section 120.60, F.S.
258
Id.
259
Id.
260
Section 1005.31(6), F.S.
261
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An institution may not conduct a program unless specific authority is granted in its license. A license
granted by the commission is not transferable to another institution or to another agent, and an
institution’s license does not transfer when the institution’s ownership changes.
262
A licensed institution
must notify the commission prior to a change of ownership or control.
An independent postsecondary educational institution or any person acting on behalf of such an
institution may not publish any advertisement soliciting students or offering a credential before the
institution is duly licensed by the commission or while the institution is under an injunction against
operating, soliciting students, or offering an educational credential.
263
Independent postsecondary educational institutions may apply for a license by means of accreditation
from the commission if the institution:
264
has operated legally in the state for at least 5 consecutive years;
holds institutional accreditation by an accrediting agency evaluated and approved by the
commission as having standards substantially equivalent to the commission’s licensure
standards;
has no unresolved complaints or actions in the past 12 months;
meets minimum requirements for financial responsibility as determined by the commission; and
is a Florida corporation.
An institution that is granted a license by means of accreditation is required to apply for and receive
another level of licensure before the institution may offer courses or programs that exceed the scope of
level of its accreditation.
265
In addition, institutions granted a license by means of accreditation must
comply with the standards of fair consumer practices as established in rule by the commission.
266
A license by means of accreditation may be denied, placed on probation, or revoked for repeated
failure to comply with the requirements in law. Revocation or denial of a license by means of
accreditation requires that the institution must immediately obtain an annual license.
267
Effect of Proposed Changes
The bill expands the minimum standards by which the commission must evaluate institutions for
licensure to include a retention and completion management plan. In addition, the standard relating to
admissions and recruitment must include, but is not limited to, requirements for verification of high
school graduation, high school equivalency, or qualifying scores on an ability-to-benefit test.
Under the bill, the commission may require a licensed institution to submit a management plan, prohibit
a licensed institution from enrolling new students in the institution or a program of the institution, or limit
the number of students in a program at a licensed institution, based upon the following:
the institution’s performance on the licensure standards or established criteria;
the placement of the institution or a program of the institution on probation or the imposition of
other adverse actions by the commission, an accrediting agency, or other regulatory agency,
including the US DOE; or
similar circumstances that leave the institution unable to meet the needs of students or
prospective students.
The bill establishes accountability requirements for commission-licensed institutions. The commission
must prepare an annual accountability report for the licensed institutions by June 30, 2024, and by April
15 of each year thereafter. At a minimum, the report must include graduation rates for all licensed
institutions, as well as the number of graduates by program, retention rates, and placement rates.
262
Section 1005.31(8)-(9), F.S.
263
Section 1005.31(10), F.S.
264
Section 1005.32(1)(a)-(e), F.S.
265
Section 1005.32(4), F.S.
266
Section 1005.32(5), F.S.
267
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DATE: 4/21/2023
Under the bill, by March 15, 2024, and by November 30 of each year thereafter, each licensed
institution is required to provide data to the commission in the commission’s prescribed format.
Placement rates will be determined using a methodology approved by the commission. The
commission is required to establish a common set of data definitions for institutional reporting
purposes. When a licensed institution fails to timely submit required data to the commission, the
commission will impose an administrative fine of not more than $500. Administrative fines collected
must be deposited into the Student Protection Fund.
Notwithstanding the provision in section 1005.32(3), F.S., the bill provides the commission authority to
require licensed institutions to provide institutional, graduate, and student data through reasonable data
collection efforts as required or necessitated by statute or rule.
The bill provides the commission authority to establish performance benchmarks for the identification of
high-performing licensed institutions in rule.
The bill specifies that all programs offered by a licensed institution must be disclosed to the
commission, including, but not limited to:
avocational programs;
examination preparation programs;
contract training programs;
continuing education; or
professional development programs.
The bill requires institutions to obtain accreditation before applying for commission approval to offer a
prelicensure professional nursing program.
The bill requires the commission to adopt rules to implement accreditation requirements and
programmatic approval.
B. SECTION DIRECTORY:
Section 1. Amending s. 1002.20, F.S., requiring school districts to annually review and confirm
specified information is accurate and up to date; requiring school districts to send a
notification to parents under certain circumstances; authorizing students to possess and
use certain medication while on school property or at a school-sponsored events.
Section 2. Amending s. 1002.33, F.S., providing clarifying language relating to admission and
dismissal procedures for charter schools.
Section 3. Amending s. 1002.42, F.S., conforming a cross-reference.
Section 4. Creating s. 1003.07, F.S., creating the Year-round School Pilot Program for a period of 4
school years beginning with a specified school year; providing the purpose of the
program; providing for an application process for participation in the program; requiring
the Commissioner of Education to select a certain number of school districts to
participate in the program; providing requirements for participating school districts;
requiring the commissioner to submit a report to the Governor and Legislature; providing
requirements for such report; authorizing the SBE to adopt rules.
Section 5. Amending s. 1003.42, F.S., requiring the history of Asian Americans and Pacific
Islanders to be included in specified instruction; providing requirements for such
instruction.
Section 6. Amending s. 1003.4282, F.S., revising a graduation requirement for certain students.
Section 7. Amending s. 1004.04, F.S., revising the core curricula for certain teacher preparation
programs.
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DATE: 4/21/2023
Section 8. Amending 1004.85, F.S., revising terminology; deleting a requirement that certain
certification programs be previously approved by the Department of Education; revising
requirements for certain competency-based programs, certain teacher preparation field
experience, and participants in certain teacher preparation programs; requiring the SBE
to adopt specified rules relating to the continued approval of certain teacher preparation
programs rather than by a determination of the Commissioner of Education.
Section 9. Amending s. 1005.04, F.S., requiring certain institutions to include specified information
relating to student fees and costs in a disclosure to prospective students; requiring
certain institutions to provide information affirmatively demonstrating compliance with fair
consumer practice requirements.
Section 10. Creating s. 1005.11, F.S., requiring the Commission for Independent Education to
annually prepare an accountability report by a specified date; providing requirements for
such report; requiring licensed institutions to annually provide certain data to the
commission by a specified date; providing requirements for the determination of a
specified rate; requiring the commission to establish a common set of data definitions;
requiring the commission to impose administrative fines for an institution that fails to
timely submit the data; providing requirements for such fines; providing authority for the
commission to require certain data reporting by certain institutions.
Section 11. Amending s. 1005.22, F.S., revising the powers and duties of the commission.
Section 12. Amending s. 1005.31, F.S., revising the commission's evaluation standards for licensure
of an institution; authorizing the commission to prohibit the enrollment of new students,
or limit the number of students in a program at, a licensed institution under certain
circumstances; authorizing the commission to take specified actions relating to licensed
institutions; authorizing the commission to establish certain benchmarks by rule;
providing for the designation of certain licensed institutions as high performing.
Section 13. Creating s. 1005.335, F.S., requiring all programs at licensed institutions to be disclosed
to the commission; requiring institutions to receive institutional accreditation prior to
obtaining licensure for prelicensure professional nursing programs; requiring the
commission to adopt rules.
Section 14. Amending s. 1006.09, F.S., providing requirements for searches of students' personal
belongings.
Section 15. Amending s. 1006.13, F.S., creating a rebuttable presumption for certain disciplinary
actions.
Section 16. Amending s. 1006.148, F.S., conforming a cross-reference.
Section 17. Amending s. 1007.27, F.S., revising the articulated acceleration mechanisms available
to certain students; requiring the state board and Board of Governors to identify Florida
College System institutions and state universities to develop certain courses and provide
specified training; requiring the department to take specified actions relating to certain
courses; authorizing the department to partner with specified organizations to develop
certain assessments; providing for the award of credit to certain students; requiring the
department to provide a report to the Legislature by a specified date; providing
requirements for such report.
Section 18. Amending s. 1007.271, F.S., requiring dual enrollment courses to be age and
developmentally appropriate.
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Section 19 Amending s. 1007.35, F.S., revising the responsibilities of the Florida Partnership for
Minority and Underrepresented Student Achievement; conforming provisions to changes
made by the act.
Section 20 Amending s. 1008.22, F.S., authorizing school districts to select the Classic Learning
Test for an annual districtwide administration for certain students.
Section 21 Amending s. 1008.34, F.S., revising the calculation of school grades for certain schools.
Section 22. Amending s. 1009.531, F.S., revising the list of courses that receive additional weights
for the purpose of calculating students' grade point averages when determining initial
eligibility for a Florida Bright Futures Scholarship; authorizing students to earn a
concordant score on the Classic Learning Test to meet the initial eligibility requirements
for the Florida Bright Futures Scholarship Program.
Section 23. Amending s. 1009.534, F.S., authorizing students to use a combination of volunteer
service hours and paid work hours to meet certain program eligibility requirements;
providing that paid work hours completed on or after a specified date shall be used to
meet certain program eligibility requirements.
Section 24. Amending s. 1009.535, F.S., authorizing students to use a combination of volunteer
service hours and paid work hours to meet certain program eligibility requirements;
providing that paid work hours completed on or after a specified date shall be used to
meet certain program eligibility requirements
Section 25. Amending s. 1009.536, F.S., authorizing students to use a combination of volunteer
service hours and paid work hours to meet certain program eligibility requirements;
providing that paid work hours completed on or after a specified date shall be used to
meet certain program eligibility requirements.
Section 26. Amending s. 1012.22, F.S., authorizing district school boards to review and reappoint
certain staff.
Section 27. Amending s. 1012.34, F.S., providing school administrators are not precluded from
taking specified actions.
Section 28. Amending s. 1012.56, F.S., revising requirements for a person seeking an educator
certification; revising criteria for the award of a temporary certificate; revising the validity
period for certain temporary certificates; deleting provisions relating to the department's
ability to extend the validity period of certain temporary certificates; revising the
requirements for the approval and administration of such programs; establishing
professional education competency programs; requiring school districts to develop and
maintain such a program; authorizing private schools and state-supported schools to
develop and maintain such a program
Section 29. Amending s. 1012.57, F.S., authorizing charter school governing boards to issue adjunct
teaching certificates; requiring a charter school to post specified requirements on its
website and annually report specified information relating to adjunct teaching certificates
to the Department of Education; conforming a cross-reference.
Section 30. Amending s. 1012.575, F.S., conforming a cross-reference.
Section 31. Amending s. 1012.585, F.S., requiring certain applicants for the renewal of a
professional certificate to earn specified college credit or inservice points; providing
requirements for such credit or points.
Section 32. Amending s. 1012.586, F.S., conforming a cross-reference. STORAGE NAME: h1537f.EEC PAGE: 44
DATE: 4/21/2023
Section 33. Amending s. 1012.98, F.S., defining the term "professional learning"; prohibiting
specified meetings from being considered professional learning and eligible for inservice
points; providing and revising requirements for certain professional learning activities;
revising department and school district duties relating to such activities; providing
requirements for entities contracted with to provide professional learning services and
inservice education for school districts.
Section 34. Amending s. 1012.986, F.S., renaming the "William Cecil Golden Professional
Development Program for School Leaders" as the "William Cecil Golden Professional
Learning Program for School Leaders"; revising the goal of the program.
Section 35. Amending s. 1013.62, F.S., revising the charter school eligibility criteria for capital outlay
funding.
Section 36. Amending 1014.05, F.S., conforming a cross-reference.
Section 37. Providing a directive to the Division of Law Revision.
Section 38. Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
There is a fiscal impact associated with the expansion of postsecondary credit pathways and incentives
for school districts and teachers:
The bill requires the DOE to identify Florida College System institutions and state universities to
develop advanced secondary courses and provide teacher training for the instruction of these
courses. The DOE estimates a fiscal impact of $2.5 million associated with this requirement.
The bill also authorizes DOE to partner with a third-party assessment organization to develop
assessments to measure the competencies of the advanced courses developed by the
identified colleges and universities. The DOE estimates a fiscal impact $1.0 million to develop
the assessments. HB 5001, the House’s General Appropriations Act (GAA) for Fiscal Year (FY)
2023-2024 does not include an appropriation for either of these two issues at this time.
STORAGE NAME: h1537f.EEC PAGE: 45
DATE: 4/21/2023
The bill requires DOE to provide a report to the Legislature on secondary acceleration mechanisms and
how they align with postsecondary student success. The additional workload associated with this new
report will be absorbed within existing resources.
The bill authorizes students to take the Classic Learning Test to meet the initial eligibility requirements
for the Bright Futures Scholarship Program. Students must earn a concordant score on this exam, and
this exam has a price that is comparable with other exam options. Additionally, the bill provides
students additional flexibility for earning volunteer or work hours for eligibility, allowing them to combine
hours earned regardless of the which option was used to earn them. There is no estimated fiscal impact
to the Bright Futures Scholarship Program as a result of these provisions.
There is an indeterminate fiscal impact on the DOE to oversee and implement the Year-round School
Pilot Program; however, this fiscal impact can be absorbed within existing resources.
There is no fiscal impact on school districts who participate in the Year-round School Pilot Program if
the year-round school schedule equals 180 days or the hourly equivalent of 180 days statutorily funded
in the FEFP.
For those school districts that do not already provide instruction on the history of Asian Americans and
Pacific Islanders, there may be an insignificant negative fiscal impact to include this instruction in the
required curriculum.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires the SBE to adopt rules for the review and approval of educator preparation institutes
and Professional Learning Certification Programs.
The bill authorizes the Commission for Independent Education (commission) to establish performance
benchmarks for the identification of high-performing licensed institutions in rule. In addition, the bill
requires the commission to adopt rules to implement accreditation requirements and programmatic
approval.
The bill authorizes the SBE to adopt rules to administer the year-round school pilot program.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 22, 2023, the Education Quality Subcommittee adopted a proposed committee substitute (PCS)
and reported the bill favorably as a committee substitute. The PCS differs from HB 1537 in the following
ways:
requires that all dual enrollment program courses be age and developmentally appropriate;
requires the DOE to partner with colleges and universities to develop advanced courses and
provide teacher training for such courses;
requires the DOE to develop new assessments to measure the competencies required for general
education core courses in order for students to earn postsecondary credit while in high school; STORAGE NAME: h1537f.EEC PAGE: 46
DATE: 4/21/2023
expands the advanced course options, allowing students to take collegiate-level general education
core coursework and earn college credit after passing the associated advanced course assessment
established by the DOE;
requires the SBE and the BOG to identify colleges and universities to develop secondary general
education courses and provide training to course instructors;
authorizes the DOE to partner with an independent third-party testing or assessment organization to
develop assessments that measure competencies consistent with the required course
competencies identified by the ACC for general education core courses;
requires postsecondary credit to be limited to students who achieve a minimum score on a
postsecondary credit assessment as identified by the DOE;
expands eligible nationally recognized high school assessments that may be administered by
school districts to students in 11
th
grade, to include the CLT;
expands eligible assessments students may take to earn a FAS Award and FMS award, under the
Bright Futures Scholarship Program, adding the CLT;
requires the DOE to develop a method for determining the required examination scores students
must earn on the CLT assessment and ensure the scores are concordant to those of the SAT and
ACT;
requires the ACT and CLT scores be made concordant to the required SAT scores, using the latest
published national concordance table developed jointly by the College Board, ACT, Inc., and
Classical Learning Initiatives;
requires the DOE, through the Florida Partnership for Minority and Underrepresented Student
Achievement, to provide teacher training and professional development for all advanced courses in
order to prepare students for success on advanced course assessments that lead to postsecondary
credit and mastery of postsecondary general education core courses;
provides 0.16 additional FTE for students earning postsecondary credit through advanced courses
who attain the minimum assessment score, as established by the DOE;
requires school districts to allocate at least 80 percent of the funds provided to the district for
advanced course instruction to the high school that generate the funds;
provides bonuses under specific criteria for classroom teachers who provide advanced course
instruction;
modifies one of the school grade components, the percentage of students who were eligible to earn
college and career credit, by including students who are eligible to earn postsecondary credit
through assessments identified by the DOE; and
requires the DOE, in cooperation with the BOG, to issue a report to the Legislature by January 1,
2024, on the alignment between acceleration mechanisms available to secondary students and
student success at the postsecondary level.
On April 12, 2023, the Appropriations Committee adopted four amendments and reported the bill favorably
as a committee substitute. The amendments:
remove changes to the Florida Education Finance Program and the Florida Teacher Classroom
Supply Assistance Program;
authorize additional enforcement mechanisms for the Commission of Independent Education at the
DOE and expand fair consumer practices protections as well as the commission’s jurisdiction
relating to minimum standards for licensure of private postsecondary institutions; and
authorize Bright Futures Scholarship Program students to combine volunteer and paid work hours
to meet initial eligibility requirements.
On April 19, 2023, the Education & Employment Committee adopted fourteen amendments and reported
the bill favorably as a committee substitute. The amendments:
require each school district to annually review and confirm that reproductive health and disease
information, instructional materials, parental exemption process and form, and all associated links
made available on the district’s website are accurate and up to date;
require each school district to notify parents by physical or electronic means anytime revisions are
made to the reproductive health and disease information; STORAGE NAME: h1537f.EEC PAGE: 47
DATE: 4/21/2023
allow students to possess and use medication to relieve headaches while on school property or at a
school sponsored event or activity without a physician’s note or prescription if the medication is
regulated by the U.S. Food and Drug Administration for over-the-counter use to treat headaches;
require any search of a student’s personal belongings, including a purse, backpack, or bookbag, to
be conducted discreetly to maintain the privacy of the student’s personal items;
require personal items that are not prohibited on school grounds to be immediately returned to the
student’s personal belongings;
clarify that the admission and dismissal procedures specified in a school’s charter may allow for
dismissal based on a student’s academic performance if academic performance was identified in
the school’s enrollment process;
modify the provision of student achievement for charter school capital outlay funding eligibility to
require a charter school to be eligible for charter capital outlay funding, so long as the school has
not earned two consecutive grades of “F”, three consecutive grades below a “C”, or two consecutive
school improvement ratings of “Unsatisfactory”;
authorize a charter school governing board to adopt rules to allow for the issuance of an adjunct
teaching certificate to any applicant who fulfills the certification requirements under the law;
create a rebuttal presumption in any disciplinary action that a student who intervenes, using only
the amount of force necessary, to stop a violent act against a student, staff, or volunteer was
necessary to restore or maintain the safety of others;
authorize a district school board with an appointed superintendent to review and reappoint any
member of the district executive staff;
amend the provision for intern eligibility for temporary certification to require interns to complete the
subject area content requirements specified in state board rule or demonstrate mastery of subject
area knowledge;
create, beginning with the 2024-2025 school year, a year-round school pilot program within five
school districts selected by the Commissioner of Education, for a period of four years, and establish
participation and reporting requirements for the pilot;
authorize the SBE to adopt rules to administer the year-round pilot program;
expand upon the courses eligible to be assigned additional weight for the purposes of calculating
the grade point average for Florida Bright Futures eligibility to include advanced courses;
revise graduation requirements by replacing one credit in practical arts with one credit in career and
technical education;
authorize a practical arts course that incorporates artistic content and techniques of creativity,
interpretation, and imagination to satisfy the one credit requirement in fine or performing arts,
speech and debate, or career and technical education;
require the history of Asian Americans and Pacific Islanders to be included in required instruction
and that instructional materials include the contributions of Asian Americans and Pacific Islanders;
require, in any application for licensure, the person, entity, or institution asserting compliance to
bear the burden of demonstrating compliance with fair consumer practices;
modify the accountability report deadline for the Commission for Independent Education;
modify the administrative fine imposed when a licensed institution fails to timely submit required
data to the commission;
remove the requirement for licensed institution placement rates to be determined using Florida
Education and Training Placement Information Program methodology;
require licensed institution placement rates to be determined using a methodology approved by the
commission;
specify that all programs offered by a licensed institution must be disclosed to the commission;
remove the provision that authorizes the commission to require that an institution applying for initial
licensure must provide an assurance of financial stability that meets specific requirements;
remove the provision that an institution may not conduct a program unless specific authority is
granted in its license;
remove the requirement for every independent postsecondary institution under the commission's
jurisdiction that offers degree-granting programs at the Associate level or higher to obtain and
maintain institutional accreditation within seven years of initial licensure; STORAGE NAME: h1537f.EEC PAGE: 48
DATE: 4/21/2023
remove the provision that failure to comply will result in disciplinary action, up to and including
revocation of institutional licensure and barring the principals from operating the subject institution
or other institutions in the state; and
remove the provision for currently licensed institutions to comply with the accreditation requirement
within five years from the bill’s effective date.
The bill analysis is drafted to the committee substitute adopted by the Education & Employment Committee.