Florida 2023 Regular Session

Florida House Bill H7021 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1212 A reviser's bill to be entitled 1
1313 An act relating to the Florida Statutes; amending ss. 2
1414 39.0016, 1001.03, 1001.215, 1001.41, 1002.33, 1002.45, 3
1515 1003.4282, 1003.499, 1003.4995, 1006.28, 1006.29, 4
1616 1006.31, 1006.33, 1006.34, 1007.35, 1008.385, 1012.05, 5
1717 1012.28, 1012.56, and 1012.72, F.S., to conform to 6
1818 section 10 of chapter 2022 -16, Laws of Florida, which 7
1919 directs the Division of Law Revision to prepare a 8
2020 reviser's bill to replace references to the term "Next 9
2121 Generation Sunshine State Standards" with the term 10
2222 "state academic standards" wherever the term appears 11
2323 in the Florida Statutes; providing effective dates. 12
2424 13
2525 Be It Enacted by the Legislature of the State of Florida: 14
2626 15
2727 Section 1. Paragraph (d) of subsection (4) of section 16
2828 39.0016, Florida Statutes, is amended to read: 17
2929 39.0016 Education of abused, neglected, and abandoned 18
3030 children; agency agreements; children having or suspected of 19
3131 having a disability. — 20
3232 (4) TRAINING.—The department shall incorporate an 21
3333 education component into all training programs of the department 22
3434 regarding children known to the department. Such training shall 23
3535 be coordinated with the Department of Education and the local 24
3636 school districts. The department shall offe r opportunities for 25
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4545 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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4747 education personnel to participate in such training. Such 26
4848 coordination shall include, but not be limited to, notice of 27
4949 training sessions, opportunities to purchase training materials, 28
5050 proposals to avoid duplication of services by offeri ng joint 29
5151 training, and incorporation of materials available from the 30
5252 Department of Education and local school districts into the 31
5353 department training when appropriate. The department training 32
5454 components shall include: 33
5555 (d) Training of caseworkers regarding the services and 34
5656 information available through the Department of Education and 35
5757 local school districts, including, but not limited to, the 36
5858 current state academic standards Sunshine State Standards , the 37
5959 Surrogate Parent Training Manual, and other resources accessible 38
6060 through the Department of Education or local school districts to 39
6161 facilitate educational access for a child known to the 40
6262 department. 41
6363 Section 2. Subsection (1) of section 1001.03, Florida 42
6464 Statutes, is amended to read: 43
6565 1001.03 Specific powers of State Board of Education. — 44
6666 (1) PUBLIC K-12 CURRICULAR STANDARDS. —The State Board of 45
6767 Education shall adopt and periodically review and revise the 46
6868 state academic standards Sunshine State Standards in accordance 47
6969 with s. 1003.41. 48
7070 Section 3. Subsectio ns (4) and (9) of section 1001.215, 49
7171 Florida Statutes, are amended to read: 50
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8080 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8282 1001.215 Just Read, Florida! Office. —There is created in 51
8383 the Department of Education the Just Read, Florida! Office. The 52
8484 office is fully accountable to the Commissioner of Educati on and 53
8585 shall: 54
8686 (4) Develop and provide access to sequenced, content -rich 55
8787 curriculum programming, instructional practices, and resources 56
8888 that help elementary schools use state -adopted instructional 57
8989 materials to increase students' background knowledge and 58
9090 literacy skills, including student attainment of the state 59
9191 academic standards Next Generation Sunshine State Standards for 60
9292 social studies, science, and the arts. The office shall, as part 61
9393 of the adoption cycle for English Language Arts instructional 62
9494 materials, assist in evaluating elementary grades instructional 63
9595 materials submitted for adoption consideration in order to 64
9696 identify those materials that are closely aligned to the content 65
9797 and evidence-based strategies identified pursuant to subsection 66
9898 (8) and incorporate professional development to implement such 67
9999 strategies. 68
100100 (9) Periodically review the state academic standards Next 69
101101 Generation Sunshine State Standards for English Language Arts to 70
102102 determine their appropriateness at each grade level. 71
103103 Section 4. Subsection (3) of section 1001.41, Florida 72
104104 Statutes, is amended to read: 73
105105 1001.41 General powers of district school board. —The 74
106106 district school board, after considering recommendations 75
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115115 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117117 submitted by the district school superintendent, shall exercise 76
118118 the following general powers: 77
119119 (3) Prescribe and adopt standards and policies to provide 78
120120 each student the opportunity to receive a complete education 79
121121 program, including language arts, mathematics, science, social 80
122122 studies, health, physical education, foreign l anguages, and the 81
123123 arts, as defined by the state academic standards Sunshine State 82
124124 Standards. The standards and policies must emphasize integration 83
125125 and reinforcement of reading, writing, and mathematics skills 84
126126 across all subjects, including career awareness , career 85
127127 exploration, and career and technical education. 86
128128 Section 5. Paragraph (a) of subsection (6) and paragraph 87
129129 (a) of subsection (7) of section 1002.33, Florida Statutes, are 88
130130 amended to read: 89
131131 1002.33 Charter schools. — 90
132132 (6) APPLICATION PROCESS AN D REVIEW.—Charter school 91
133133 applications are subject to the following requirements: 92
134134 (a) A person or entity seeking to open a charter school 93
135135 shall prepare and submit an application on the standard 94
136136 application form prepared by the Department of Education whic h: 95
137137 1. Demonstrates how the school will use the guiding 96
138138 principles and meet the statutorily defined purpose of a charter 97
139139 school. 98
140140 2. Provides a detailed curriculum plan that illustrates 99
141141 how students will be provided services to attain the state 100
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150150 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152152 academic standards Sunshine State Standards . 101
153153 3. Contains goals and objectives for improving student 102
154154 learning and measuring that improvement. These goals and 103
155155 objectives must indicate how much academic improvement students 104
156156 are expected to show each year, how succes s will be evaluated, 105
157157 and the specific results to be attained through instruction. 106
158158 4. Describes the reading curriculum and differentiated 107
159159 strategies that will be used for students reading at grade level 108
160160 or higher and a separate curriculum and strategies f or students 109
161161 who are reading below grade level. A sponsor shall deny an 110
162162 application if the school does not propose a reading curriculum 111
163163 that is consistent with effective teaching strategies that are 112
164164 grounded in scientifically based reading research. 113
165165 5. Contains an annual financial plan for each year 114
166166 requested by the charter for operation of the school for up to 5 115
167167 years. This plan must contain anticipated fund balances based on 116
168168 revenue projections, a spending plan based on projected revenues 117
169169 and expenses, and a description of controls that will safeguard 118
170170 finances and projected enrollment trends. 119
171171 6. Discloses the name of each applicant, governing board 120
172172 member, and all proposed education services providers; the name 121
173173 and sponsor of any charter school operated by each applicant, 122
174174 each governing board member, and each proposed education 123
175175 services provider that has closed and the reasons for the 124
176176 closure; and the academic and financial history of such charter 125
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185185 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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187187 schools, which the sponsor shall consider in deciding whe ther to 126
188188 approve or deny the application. 127
189189 7. Contains additional information a sponsor may require, 128
190190 which shall be attached as an addendum to the charter school 129
191191 application described in this paragraph. 130
192192 8. For the establishment of a virtual charter schoo l, 131
193193 documents that the applicant has contracted with a provider of 132
194194 virtual instruction services pursuant to s. 1002.45(1)(d). 133
195195 (7) CHARTER.—The terms and conditions for the operation of 134
196196 a charter school, including a virtual charter school, shall be 135
197197 set forth by the sponsor and the applicant in a written 136
198198 contractual agreement, called a charter. The sponsor and the 137
199199 governing board of the charter school or virtual charter school 138
200200 shall use the standard charter contract or standard virtual 139
201201 charter contract, resp ectively, pursuant to subsection (21), 140
202202 which shall incorporate the approved application and any addenda 141
203203 approved with the application. Any term or condition of a 142
204204 proposed charter contract or proposed virtual charter contract 143
205205 that differs from the standard charter or virtual charter 144
206206 contract adopted by rule of the State Board of Education shall 145
207207 be presumed a limitation on charter school flexibility. The 146
208208 sponsor may not impose unreasonable rules or regulations that 147
209209 violate the intent of giving charter schools greater flexibility 148
210210 to meet educational goals. The charter shall be signed by the 149
211211 governing board of the charter school and the sponsor, following 150
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220220 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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222222 a public hearing to ensure community input. 151
223223 (a) The charter shall address and criteria for approval of 152
224224 the charter shall be based on: 153
225225 1. The school's mission, the types of students to be 154
226226 served, and, for a virtual charter school, the types of students 155
227227 the school intends to serve who reside outside of the sponsoring 156
228228 school district, and the ages and grades to be included. 157
229229 2. The focus of the curriculum, the instructional methods 158
230230 to be used, any distinctive instructional techniques to be 159
231231 employed, and identification and acquisition of appropriate 160
232232 technologies needed to improve educational and administrative 161
233233 performance which include a means for promoting safe, ethical, 162
234234 and appropriate uses of technology which comply with legal and 163
235235 professional standards. 164
236236 a. The charter shall ensure that reading is a primary 165
237237 focus of the curriculum and that resources are prov ided to 166
238238 identify and provide specialized instruction for students who 167
239239 are reading below grade level. The curriculum and instructional 168
240240 strategies for reading must be consistent with the state 169
241241 academic standards Next Generation Sunshine State Standards and 170
242242 grounded in scientifically based reading research. 171
243243 b. In order to provide students with access to diverse 172
244244 instructional delivery models, to facilitate the integration of 173
245245 technology within traditional classroom instruction, and to 174
246246 provide students with the skills they need to compete in the 175
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255255 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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257257 21st century economy, the Legislature encourages instructional 176
258258 methods for blended learning courses consisting of both 177
259259 traditional classroom and online instructional techniques. 178
260260 Charter schools may implement blended lear ning courses which 179
261261 combine traditional classroom instruction and virtual 180
262262 instruction. Students in a blended learning course must be full -181
263263 time students of the charter school pursuant to s. 182
264264 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 183
265265 1012.55 who provide virtual instruction for blended learning 184
266266 courses may be employees of the charter school or may be under 185
267267 contract to provide instructional services to charter school 186
268268 students. At a minimum, such instructional personnel must hold 187
269269 an active state or school district adjunct certification under 188
270270 s. 1012.57 for the subject area of the blended learning course. 189
271271 The funding and performance accountability requirements for 190
272272 blended learning courses are the same as those for traditional 191
273273 courses. 192
274274 3. The current incoming baseline standard of student 193
275275 academic achievement, the outcomes to be achieved, and the 194
276276 method of measurement that will be used. The criteria listed in 195
277277 this subparagraph shall include a detailed description of: 196
278278 a. How the baseline stude nt academic achievement levels 197
279279 and prior rates of academic progress will be established. 198
280280 b. How these baseline rates will be compared to rates of 199
281281 academic progress achieved by these same students while 200
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290290 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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292292 attending the charter school. 201
293293 c. To the extent pos sible, how these rates of progress 202
294294 will be evaluated and compared with rates of progress of other 203
295295 closely comparable student populations. 204
296296 205
297297 A district school board is required to provide academic student 206
298298 performance data to charter schools for each of their students 207
299299 coming from the district school system, as well as rates of 208
300300 academic progress of comparable student populations in the 209
301301 district school system. 210
302302 4. The methods used to identify the educational strengths 211
303303 and needs of students and how well educatio nal goals and 212
304304 performance standards are met by students attending the charter 213
305305 school. The methods shall provide a means for the charter school 214
306306 to ensure accountability to its constituents by analyzing 215
307307 student performance data and by evaluating the effectiv eness and 216
308308 efficiency of its major educational programs. Students in 217
309309 charter schools shall, at a minimum, participate in the 218
310310 statewide assessment program created under s. 1008.22. 219
311311 5. In secondary charter schools, a method for determining 220
312312 that a student has satisfied the requirements for graduation in 221
313313 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 222
314314 6. A method for resolving conflicts between the governing 223
315315 board of the charter school and the sponsor. 224
316316 7. The admissions procedures and dismissal procedures, 225
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325325 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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327327 including the school's code of student conduct. Admission or 226
328328 dismissal must not be based on a student's academic performance. 227
329329 8. The ways by which the school will achieve a 228
330330 racial/ethnic balance ref lective of the community it serves or 229
331331 within the racial/ethnic range of other nearby public schools or 230
332332 school districts. 231
333333 9. The financial and administrative management of the 232
334334 school, including a reasonable demonstration of the professional 233
335335 experience or competence of those individuals or organizations 234
336336 applying to operate the charter school or those hired or 235
337337 retained to perform such professional services and the 236
338338 description of clearly delineated responsibilities and the 237
339339 policies and practices needed to eff ectively manage the charter 238
340340 school. A description of internal audit procedures and 239
341341 establishment of controls to ensure that financial resources are 240
342342 properly managed must be included. Both public sector and 241
343343 private sector professional experience shall be eq ually valid in 242
344344 such a consideration. 243
345345 10. The asset and liability projections required in the 244
346346 application which are incorporated into the charter and shall be 245
347347 compared with information provided in the annual report of the 246
348348 charter school. 247
349349 11. A description of procedures that identify various 248
350350 risks and provide for a comprehensive approach to reduce the 249
351351 impact of losses; plans to ensure the safety and security of 250
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360360 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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362362 students and staff; plans to identify, minimize, and protect 251
363363 others from violent or disruptive student behavior; and the 252
364364 manner in which the school will be insured, including whether or 253
365365 not the school will be required to have liability insurance, 254
366366 and, if so, the terms and conditions thereof and the amounts of 255
367367 coverage. 256
368368 12. The term of the charter which shall provide for 257
369369 cancellation of the charter if insufficient progress has been 258
370370 made in attaining the student achievement objectives of the 259
371371 charter and if it is not likely that such objectives can be 260
372372 achieved before expiration of the charter. The ini tial term of a 261
373373 charter shall be for 5 years, excluding 2 planning years. In 262
374374 order to facilitate access to long -term financial resources for 263
375375 charter school construction, charter schools that are operated 264
376376 by a municipality or other public entity as provided by law are 265
377377 eligible for up to a 15 -year charter, subject to approval by the 266
378378 sponsor. A charter lab school is eligible for a charter for a 267
379379 term of up to 15 years. In addition, to facilitate access to 268
380380 long-term financial resources for charter school construc tion, 269
381381 charter schools that are operated by a private, not -for-profit, 270
382382 s. 501(c)(3) status corporation are eligible for up to a 15 -year 271
383383 charter, subject to approval by the sponsor. Such long -term 272
384384 charters remain subject to annual review and may be terminate d 273
385385 during the term of the charter, but only according to the 274
386386 provisions set forth in subsection (8). 275
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395395 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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397397 13. The facilities to be used and their location. The 276
398398 sponsor may not require a charter school to have a certificate 277
399399 of occupancy or a temporary certifica te of occupancy for such a 278
400400 facility earlier than 15 calendar days before the first day of 279
401401 school. 280
402402 14. The qualifications to be required of the teachers and 281
403403 the potential strategies used to recruit, hire, train, and 282
404404 retain qualified staff to achieve best value. 283
405405 15. The governance structure of the school, including the 284
406406 status of the charter school as a public or private employer as 285
407407 required in paragraph (12)(i). 286
408408 16. A timetable for implementing the charter which 287
409409 addresses the implementation of each elem ent thereof and the 288
410410 date by which the charter shall be awarded in order to meet this 289
411411 timetable. 290
412412 17. In the case of an existing public school that is being 291
413413 converted to charter status, alternative arrangements for 292
414414 current students who choose not to attend the charter school and 293
415415 for current teachers who choose not to teach in the charter 294
416416 school after conversion in accordance with the existing 295
417417 collective bargaining agreement or district school board rule in 296
418418 the absence of a collective bargaining agreement. H owever, 297
419419 alternative arrangements shall not be required for current 298
420420 teachers who choose not to teach in a charter lab school, except 299
421421 as authorized by the employment policies of the state university 300
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430430 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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432432 which grants the charter to the lab school. 301
433433 18. Full disclosure of the identity of all relatives 302
434434 employed by the charter school who are related to the charter 303
435435 school owner, president, chairperson of the governing board of 304
436436 directors, superintendent, governing board member, principal, 305
437437 assistant principal, or any o ther person employed by the charter 306
438438 school who has equivalent decisionmaking authority. For the 307
439439 purpose of this subparagraph, the term "relative" means father, 308
440440 mother, son, daughter, brother, sister, uncle, aunt, first 309
441441 cousin, nephew, niece, husband, wife, father-in-law, mother-in-310
442442 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 311
443443 stepfather, stepmother, stepson, stepdaughter, stepbrother, 312
444444 stepsister, half brother, or half sister. 313
445445 19. Implementation of the activities authorized under s. 314
446446 1002.331 by the charter school when it satisfies the eligibility 315
447447 requirements for a high -performing charter school. A high -316
448448 performing charter school shall notify its sponsor in writing by 317
449449 March 1 if it intends to increase enrollment or expand grade 318
450450 levels the following school year. The written notice shall 319
451451 specify the amount of the enrollment increase and the grade 320
452452 levels that will be added, as applicable. 321
453453 Section 6. Paragraph (a) of subsection (2), paragraph (a) 322
454454 of subsection (3), and paragraph (a) of subs ection (4) of 323
455455 section 1002.45, Florida Statutes, are amended to read: 324
456456 1002.45 Virtual instruction programs. — 325
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465465 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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467467 (2) PROVIDER QUALIFICATIONS. — 326
468468 (a) The department shall annually publish on its website a 327
469469 list of providers approved by the State Board of Edu cation to 328
470470 offer virtual instruction programs. To be approved, a virtual 329
471471 instruction program provider must document that it: 330
472472 1. Is nonsectarian in its programs, admission policies, 331
473473 employment practices, and operations; 332
474474 2. Complies with the antidiscrimin ation provisions of s. 333
475475 1000.05; 334
476476 3. Locates an administrative office or offices in this 335
477477 state, requires its administrative staff to be state residents, 336
478478 requires all instructional staff to be Florida -certified 337
479479 teachers under chapter 1012 and conducts backg round screenings 338
480480 for all employees or contracted personnel, as required by s. 339
481481 1012.32, using state and national criminal history records; 340
482482 4. Electronically provides to parents and students 341
483483 specific information that includes, but is not limited to, the 342
484484 following teacher-parent and teacher-student contact information 343
485485 for each course: 344
486486 a. How to contact the instructor via phone, e -mail, or 345
487487 online messaging tools. 346
488488 b. How to contact technical support via phone, e -mail, or 347
489489 online messaging tools. 348
490490 c. How to contact the administration office via phone, e -349
491491 mail, or online messaging tools. 350
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500500 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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502502 d. Any requirement for regular contact with the instructor 351
503503 for the course and clear expectations for meeting the 352
504504 requirement. 353
505505 e. The requirement that the instructor in eac h course 354
506506 must, at a minimum, conduct one contact with the parent and the 355
507507 student each month; 356
508508 5. Possesses prior, successful experience offering virtual 357
509509 instruction courses to elementary, middle, or high school 358
510510 students as demonstrated by quantified stude nt learning gains in 359
511511 each subject area and grade level provided for consideration as 360
512512 an instructional program option. However, for a virtual 361
513513 instruction program provider without sufficient prior, 362
514514 successful experience offering online courses, the State Boa rd 363
515515 of Education may conditionally approve the virtual instruction 364
516516 program provider to offer courses measured pursuant to 365
517517 subparagraph (7)(a)2. Conditional approval shall be valid for 2 366
518518 school years only and, based on the virtual instruction program 367
519519 provider's experience in offering the courses, the State Board 368
520520 of Education may grant approval to offer a virtual instruction 369
521521 program; 370
522522 6. Is accredited by a regional accrediting association as 371
523523 defined by State Board of Education rule; 372
524524 7. Ensures instructional and curricular quality through a 373
525525 detailed curriculum and student performance accountability plan 374
526526 that addresses every subject and grade level it intends to 375
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535535 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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537537 provide through contract with the school district, including: 376
538538 a. Courses and programs that meet the standards of the 377
539539 International Association for K -12 Online Learning and the 378
540540 Southern Regional Education Board. 379
541541 b. Instructional content and services that align with, and 380
542542 measure student attainment of, student proficiency in the state 381
543543 academic standards Next Generation Sunshine State Standards . 382
544544 c. Mechanisms that determine and ensure that a student has 383
545545 satisfied requirements for grade level promotion and high school 384
546546 graduation with a standard diploma, as appropriate; 385
547547 8. Publishes, in accordance wit h disclosure requirements 386
548548 adopted in rule by the State Board of Education, as part of its 387
549549 application as an approved virtual instruction program provider 388
550550 and in all contracts negotiated pursuant to this section: 389
551551 a. Information and data about the curricul um of each full-390
552552 time and part-time virtual instruction program. 391
553553 b. School policies and procedures. 392
554554 c. Certification status and physical location of all 393
555555 administrative and instructional personnel. 394
556556 d. Hours and times of availability of instructional 395
557557 personnel. 396
558558 e. Student-teacher ratios. 397
559559 f. Student completion and promotion rates. 398
560560 g. Student, educator, and school performance 399
561561 accountability outcomes; 400
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570570 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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572572 9. If the approved virtual instruction program provider is 401
573573 a Florida College System institution, em ploys instructors who 402
574574 meet the certification requirements for instructional staff 403
575575 under chapter 1012; and 404
576576 10. Performs an annual financial audit of its accounts and 405
577577 records conducted by an independent auditor who is a certified 406
578578 public accountant licensed under chapter 473. The independent 407
579579 auditor shall conduct the audit in accordance with rules adopted 408
580580 by the Auditor General and in compliance with generally accepted 409
581581 auditing standards, and include a report on financial statements 410
582582 presented in accordance w ith generally accepted accounting 411
583583 principles. The audit report shall be accompanied by a written 412
584584 statement from the approved virtual instruction program provider 413
585585 in response to any deficiencies identified within the audit 414
586586 report and shall be submitted by t he approved virtual 415
587587 instruction program provider to the State Board of Education and 416
588588 the Auditor General no later than 9 months after the end of the 417
589589 preceding fiscal year. 418
590590 (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS. —Each virtual 419
591591 instruction program und er this section must: 420
592592 (a) Align virtual course curriculum and course content to 421
593593 the state academic standards Sunshine State Standards under s. 422
594594 1003.41. 423
595595 (4) CONTRACT REQUIREMENTS. —Each contract with an approved 424
596596 virtual instruction program provider must, at minimum: 425
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605605 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
606606
607607 (a) Set forth a detailed curriculum plan that illustrates 426
608608 how students will be provided services and be measured for 427
609609 attainment of proficiency in the state academic standards Next 428
610610 Generation Sunshine State Standards for each grade level and 429
611611 subject. 430
612612 431
613613 A contracting school district shall facilitate compliance with 432
614614 the requirements of paragraphs (h) and (i). 433
615615 Section 7. Effective July 1, 2023, paragraph (a) of 434
616616 subsection (2) of section 1002.45, Florida Statutes, as amended 435
617617 by section 17 of chapter 2022-154, and section 10 of chapter 436
618618 2022-157, Laws of Florida, is amended to read: 437
619619 1002.45 Virtual instruction programs. — 438
620620 (2) PROVIDER QUALIFICATIONS. — 439
621621 (a) The department shall annually publish on its website a 440
622622 list of providers approved by the State Board of Education to 441
623623 offer virtual instruction programs. To be approved, a virtual 442
624624 instruction program provider must document that it: 443
625625 1. Is nonsectarian in its programs, admission policies, 444
626626 employment practices, and operations; 445
627627 2. Complies with the antidiscrimination provisions of s. 446
628628 1000.05; 447
629629 3. Locates an administrative office or offices in this 448
630630 state, requires its administrative staff to be state residents, 449
631631 requires all instructional staff to be Florida -certified 450
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640640 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
641641
642642 teachers under chapter 1012 and conducts background screenings 451
643643 for all employees or contracted personnel, as required by s. 452
644644 1012.32, using state and national criminal history records; 453
645645 4. Electronically provides to parents and students 454
646646 specific information that includes, but is not limited to, the 455
647647 following teacher-parent and teacher-student contact information 456
648648 for each course: 457
649649 a. How to contact the instructor via phone, e -mail, or 458
650650 online messaging tools. 459
651651 b. How to contact technical support via phone, e -mail, or 460
652652 online messaging tools. 461
653653 c. How to contact the administration office via phone, e -462
654654 mail, or online messaging tools. 463
655655 d. Any requirement for regular contact with the instructor 464
656656 for the course and clear expectations for meeting the 465
657657 requirement. 466
658658 e. The requirement that the instructor in each course 467
659659 must, at a minimum, conduct one contact with the parent and the 468
660660 student each month; 469
661661 5. Possesses prior, successful experience offering virtual 470
662662 instruction courses to elementary, middle, or high school 471
663663 students as demonstrate d by quantified student learning gains in 472
664664 each subject area and grade level provided for consideration as 473
665665 an instructional program option. However, for a virtual 474
666666 instruction program provider without sufficient prior, 475
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675675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
676676
677677 successful experience offering online c ourses, the State Board 476
678678 of Education may conditionally approve the virtual instruction 477
679679 program provider to offer courses measured pursuant to 478
680680 subparagraph (7)(a)2. Conditional approval shall be valid for 1 479
681681 school year only and, based on the virtual instruc tion program 480
682682 provider's experience in offering the courses, the State Board 481
683683 of Education may grant approval to offer a virtual instruction 482
684684 program; 483
685685 6. Is accredited by a regional accrediting association as 484
686686 defined by State Board of Education rule; 485
687687 7. Ensures instructional and curricular quality through a 486
688688 detailed curriculum and student performance accountability plan 487
689689 that addresses every subject and grade level it intends to 488
690690 provide through contract with the school district, including: 489
691691 a. Courses and programs that meet the standards of the 490
692692 International Association for K -12 Online Learning and the 491
693693 Southern Regional Education Board. 492
694694 b. Instructional content and services that align with, and 493
695695 measure student attainment of, student proficiency in the state 494
696696 academic standards Next Generation Sunshine State Standards . 495
697697 c. Mechanisms that determine and ensure that a student has 496
698698 satisfied requirements for grade level promotion and high school 497
699699 graduation with a standard diploma, as appropriate; 498
700700 8. Publishes, in accordance with disclosure requirements 499
701701 adopted in rule by the State Board of Education, as part of its 500
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710710 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
711711
712712 application as an approved virtual instruction program provider 501
713713 and in all contracts negotiated pursuant to this section: 502
714714 a. Information and data about the curriculum of each full -503
715715 time and part-time virtual instruction program. 504
716716 b. School policies and procedures. 505
717717 c. Certification status and physical location of all 506
718718 administrative and instructional personnel. 507
719719 d. Hours and times of availability of instructional 508
720720 personnel. 509
721721 e. Student-teacher ratios. 510
722722 f. Student completion and promotion rates. 511
723723 g. Student, educator, and school performance 512
724724 accountability outcomes; 513
725725 9. If the approved virtual instruction program provider is 514
726726 a Florida College Sys tem institution, employs instructors who 515
727727 meet the certification requirements for instructional staff 516
728728 under chapter 1012; and 517
729729 10. Performs an annual financial audit of its accounts and 518
730730 records conducted by an independent auditor who is a certified 519
731731 public accountant licensed under chapter 473. The independent 520
732732 auditor shall conduct the audit in accordance with rules adopted 521
733733 by the Auditor General and in compliance with generally accepted 522
734734 auditing standards, and include a report on financial statements 523
735735 presented in accordance with generally accepted accounting 524
736736 principles. The audit report shall be accompanied by a written 525
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745745 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
746746
747747 statement from the approved virtual instruction program provider 526
748748 in response to any deficiencies identified within the audit 527
749749 report and shall be submitted by the approved virtual 528
750750 instruction program provider to the State Board of Education and 529
751751 the Auditor General no later than 9 months after the end of the 530
752752 preceding fiscal year. 531
753753 Section 8. Paragraph (b) of subsection (1) of section 532
754754 1003.4282, Florida Statutes, is amended to read: 533
755755 1003.4282 Requirements for a standard high school 534
756756 diploma.— 535
757757 (1) TWENTY-FOUR CREDITS REQUIRED. — 536
758758 (b) The required credits may be earned through equivalent, 537
759759 applied, or integrated courses or career education cou rses as 538
760760 defined in s. 1003.01(4), including work -related internships 539
761761 approved by the State Board of Education and identified in the 540
762762 course code directory. However, any must -pass assessment 541
763763 requirements must be met. An equivalent course is one or more 542
764764 courses identified by content -area experts as being a match to 543
765765 the core curricular content of another course, based upon review 544
766766 of the state academic standards Next Generation Sunshine State 545
767767 Standards for that subject. An applied course aligns with state 546
768768 academic standards Next Generation Sunshine State Standards and 547
769769 includes real-world applications of a career and technical 548
770770 education standard used in business or industry. An integrated 549
771771 course includes content from several courses within a content 550
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780780 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
781781
782782 area or across content areas. 551
783783 Section 9. Paragraph (a) of subsection (3) of section 552
784784 1003.499, Florida Statutes, is amended to read: 553
785785 1003.499 Florida Approved Courses and Tests (FACT) 554
786786 Initiative.— 555
787787 (3) PROVIDER REQUIREMENTS. — 556
788788 (a) To be approved by the Department of Education, an 557
789789 individual provider must provide all the following documentation 558
790790 that demonstrates that he or she: 559
791791 1. Is nonsectarian regarding courses, enrollment policies, 560
792792 employment practices, and operations. 561
793793 2. Complies with the antidiscriminatio n provisions of s. 562
794794 1000.05. 563
795795 3. Requires all instructional staff to be Florida -564
796796 certified teachers under chapter 1012 or certified as adjunct 565
797797 educators under s. 1012.57 and conducts background screenings 566
798798 for all employees or contracted personnel, as required by s. 567
799799 1012.32, using state and national criminal history records. 568
800800 4. Provides to parents and students specific information 569
801801 posted and accessible online which includes, but is not limited 570
802802 to, the following teacher -parent and teacher-student contact 571
803803 information for each course: 572
804804 a. How to contact the instructor via telephone, e -mail, or 573
805805 online messaging tools. 574
806806 b. How to contact technical support via telephone, e -mail, 575
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815815 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
816816
817817 or online messaging tools. 576
818818 c. How to contact the administration office or an 577
819819 individual offering online courses, including, but not limited 578
820820 to, massive open online courses, via telephone, e -mail, or 579
821821 online messaging tools. 580
822822 d. Any requirement for regular contact with the instructor 581
823823 for the course and clear expectations for meetin g the 582
824824 requirement. 583
825825 5. Possesses prior, successful experience offering online 584
826826 courses to elementary, middle, or high school students as 585
827827 demonstrated by quantified student learning gains or student 586
828828 growth in each subject area and grade level provided for 587
829829 consideration as an instructional program option. However, for a 588
830830 provider without sufficient prior, successful experience 589
831831 offering online courses, the department may conditionally 590
832832 approve the provider to offer courses measured by the statewide 591
833833 assessment program pursuant to s. 1008.22. Conditional approval 592
834834 is valid for 1 year. Renewal of provider approval is contingent 593
835835 on sufficient performance data available demonstrating success 594
836836 in accordance with this section and State Board of Education 595
837837 rule. 596
838838 6. Ensures instructional and curricular quality through a 597
839839 detailed curriculum and student performance accountability plan 598
840840 that addresses every subject and grade level that the provider 599
841841 intends to provide through contract with the school district, 600
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850850 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
851851
852852 including all of the following: 601
853853 a. Courses and programs that meet the standards of the 602
854854 International Association for K -12 Online Learning and the 603
855855 Southern Regional Education Board. 604
856856 b. Instructional content and services that align with, and 605
857857 measure student attainment of, student proficiency in the state 606
858858 academic standards Next Generation Sunshine State Standards . 607
859859 c. Mechanisms that determine and ensure that a student has 608
860860 satisfied requirements for grade level promotion and high school 609
861861 graduation with a standard diploma, as appropriate. 610
862862 7. Publishes for the general public, in accordance with 611
863863 disclosure requirements adopted in rule by the State Board of 612
864864 Education, as part of the application as a provider and in all 613
865865 contracts negotiated pursuant to this section all of the 614
866866 following information: 615
867867 a. Certification status and physical location of all 616
868868 administrative and instructional personnel. 617
869869 b. Hours and times of availability of instructional 618
870870 personnel. 619
871871 c. Student-teacher ratios. 620
872872 d. Student completion and promotion r ates. 621
873873 e. Student, educator, and school performance 622
874874 accountability outcomes. 623
875875 Section 10. Section 1003.4995, Florida Statutes, is 624
876876 amended to read: 625
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885885 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
886886
887887 1003.4995 Fine arts report. —The Commissioner of Education 626
888888 shall prepare an annual report that includes a description, 627
889889 based on annual reporting by schools, of student access to and 628
890890 participation in fine arts courses, which are visual arts, 629
891891 music, dance, and theatre courses; the number and certification 630
892892 status of educators providing instruction in the course s; 631
893893 educational facilities designed and classroom space equipped for 632
894894 fine arts instruction; and the manner in which schools are 633
895895 providing the core curricular content for fine arts established 634
896896 in the state academic standards Next Generation Sunshine State 635
897897 Standards. The report shall be posted on the Department of 636
898898 Education's website and updated annually. 637
899899 Section 11. Paragraph (b) of subsection (2) of section 638
900900 1006.28, Florida Statutes, is amended to read: 639
901901 1006.28 Duties of district school board, district school 640
902902 superintendent; and school principal regarding K -12 641
903903 instructional materials. — 642
904904 (2) DISTRICT SCHOOL BOARD. —The district school board has 643
905905 the constitutional duty and responsibility to select and provide 644
906906 adequate instructional materials for all stude nts in accordance 645
907907 with the requirements of this part. The district school board 646
908908 also has the following specific duties and responsibilities: 647
909909 (b) Instructional materials. —Provide for proper 648
910910 requisitioning, distribution, accounting, storage, care, and use 649
911911 of all instructional materials and furnish such other 650
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920920 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
921921
922922 instructional materials as may be needed. Instructional 651
923923 materials used must be consistent with the district goals and 652
924924 objectives and the course descriptions established in rule of 653
925925 the State Board of Edu cation, as well as with the applicable 654
926926 state academic standards Next Generation Sunshine State 655
927927 Standards provided for in s. 1003.41. 656
928928 Section 12. Paragraph (b) of subsection (1) of section 657
929929 1006.29, Florida Statutes, is amended to read: 658
930930 1006.29 State instructional materials reviewers. — 659
931931 (1) 660
932932 (b) By April 15 of each school year, the commissioner 661
933933 shall appoint three state or national experts in the content 662
934934 areas submitted for adoption to review the instructional 663
935935 materials and evaluate the content for ali gnment with the 664
936936 applicable state academic standards Next Generation Sunshine 665
937937 State Standards. These reviewers shall be designated as state 666
938938 instructional materials reviewers and shall review the materials 667
939939 for the level of instructional support and the accur acy and 668
940940 appropriateness of progression of introduced content. 669
941941 Instructional materials shall be made electronically available 670
942942 to the reviewers. The initial review of the materials shall be 671
943943 made by only two of the three reviewers. If the two reviewers 672
944944 reach different results, the third reviewer shall break the tie. 673
945945 The reviewers shall independently make recommendations to the 674
946946 commissioner regarding materials that should be placed on the 675
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955955 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
956956
957957 list of adopted materials through an electronic feedback review 676
958958 system. 677
959959 Section 13. Subsection (2) of section 1006.31, Florida 678
960960 Statutes, is amended to read: 679
961961 1006.31 Duties of the Department of Education and school 680
962962 district instructional materials reviewer. —The duties of the 681
963963 instructional materials reviewer are: 682
964964 (2) EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 683
965965 selection criteria listed in s. 1006.34(2)(b) and recommend for 684
966966 adoption only those instructional materials aligned with the 685
967967 state academic standards Next Generation Sunshine State 686
968968 Standards provided for in s. 1003.41. Instructional materials 687
969969 recommended by each reviewer shall be, to the satisfaction of 688
970970 each reviewer, accurate, objective, balanced, noninflammatory, 689
971971 current, free of pornography and material prohibited under s. 690
972972 847.012, and suited to stud ent needs and their ability to 691
973973 comprehend the material presented. Reviewers shall consider for 692
974974 recommendation materials developed for academically talented 693
975975 students, such as students enrolled in advanced placement 694
976976 courses. When recommending instructional m aterials, each 695
977977 reviewer shall: 696
978978 (a) Include only instructional materials that accurately 697
979979 portray the ethnic, socioeconomic, cultural, religious, 698
980980 physical, and racial diversity of our society, including men and 699
981981 women in professional, career, and executive roles, and the role 700
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990990 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
991991
992992 and contributions of the entrepreneur and labor in the total 701
993993 development of this state and the United States. 702
994994 (b) Include only materials that accurately portray, 703
995995 whenever appropriate, humankind's place in ecological systems, 704
996996 including the necessity for the protection of our environment 705
997997 and conservation of our natural resources and the effects on the 706
998998 human system of the use of tobacco, alcohol, controlled 707
999999 substances, and other dangerous substances. 708
10001000 (c) Include materials that encourage thrift, fire 709
10011001 prevention, and humane treatment of people and animals. 710
10021002 (d) Require, when appropriate to the comprehension of 711
10031003 students, that materials for social science, history, or civics 712
10041004 classes contain the Declaration of Independence and the 713
10051005 Constitution of the United States. A reviewer may not recommend 714
10061006 any instructional materials that contain any matter reflecting 715
10071007 unfairly upon persons because of their race, color, creed, 716
10081008 national origin, ancestry, gender, religion, disability, 717
10091009 socioeconomic status, o r occupation or otherwise contradict the 718
10101010 principles enumerated under s. 1003.42(3). 719
10111011 Section 14. Paragraph (e) of subsection (1) of section 720
10121012 1006.33, Florida Statutes, is amended to read: 721
10131013 1006.33 Bids or proposals; advertisement and its 722
10141014 contents.— 723
10151015 (1) 724
10161016 (e) The advertisement shall give information regarding 725
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10251025 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10261026
10271027 digital specifications that have been adopted by the department, 726
10281028 including minimum format requirements that will enable 727
10291029 electronic and digital content to be accessed through the 728
10301030 district's local ins tructional improvement system and a variety 729
10311031 of mobile, electronic, and digital devices. Beginning with 730
10321032 specifications released in 2014, the digital specifications 731
10331033 shall include requiring the capability for searching by state 732
10341034 standards and site and student -level licensing. Such digital 733
10351035 format specifications shall be appropriate for the 734
10361036 interoperability of the content. The department may not adopt 735
10371037 specifications that require the instructional materials to 736
10381038 include specific references to FCAT and state academic standards 737
10391039 Next Generation Sunshine State Standards and benchmarks at the 738
10401040 point of student use. 739
10411041 Section 15. Paragraph (b) of subsection (2) of section 740
10421042 1006.34, Florida Statutes, is amended to read: 741
10431043 1006.34 Powers and duties of the commissioner and th e 742
10441044 department in selecting and adopting instructional materials. — 743
10451045 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS. — 744
10461046 (b) In the selection of instructional materials, library 745
10471047 media, and other reading material used in the public school 746
10481048 system, the standards used to determine the propriety of the 747
10491049 material shall include: 748
10501050 1. The age of the students who normally could be expected 749
10511051 to have access to the material. 750
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10601060 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10611061
10621062 2. The educational purpose to be served by the material. 751
10631063 Priority shall be given to the sel ection of materials that align 752
10641064 with the state academic standards Next Generation Sunshine State 753
10651065 Standards as provided for in s. 1003.41 and include the 754
10661066 instructional objectives contained within the curriculum 755
10671067 frameworks for career and technical education a nd adult and 756
10681068 adult general education adopted by rule of the State Board of 757
10691069 Education under s. 1004.92. 758
10701070 3. The degree to which the material would be supplemented 759
10711071 and explained by mature classroom instruction as part of a 760
10721072 normal classroom instructional pro gram. 761
10731073 4. The consideration of the broad racial, ethnic, 762
10741074 socioeconomic, and cultural diversity of the students of this 763
10751075 state. 764
10761076 765
10771077 Any instructional material containing pornography or otherwise 766
10781078 prohibited by s. 847.012 may not be used or made available 767
10791079 within any public school. 768
10801080 Section 16. Paragraph (c) of subsection (6) of section 769
10811081 1007.35, Florida Statutes, is amended to read: 770
10821082 1007.35 Florida Partnership for Minority and 771
10831083 Underrepresented Student Achievement. — 772
10841084 (6) The partnership shall: 773
10851085 (c) Provide teacher training and materials that are 774
10861086 aligned with the state academic standards Next Generation 775
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10951095 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10961096
10971097 Sunshine State Standards and are consistent with best theory and 776
10981098 practice regarding multiple learning styles and research on 777
10991099 learning, instructional strategies , instructional design, and 778
11001100 classroom assessment. Curriculum materials must be based on 779
11011101 current, accepted, and essential academic knowledge. 780
11021102 Section 17. Paragraph (b) of subsection (1) of section 781
11031103 1008.385, Florida Statutes, is amended to read: 782
11041104 1008.385 Educational planning and information systems. — 783
11051105 (1) EDUCATIONAL PLANNING. — 784
11061106 (b) Each district school board shall maintain a continuing 785
11071107 system of planning and budgeting designed to aid in identifying 786
11081108 and meeting the educational needs of students and th e public. 787
11091109 Provision shall be made for coordination between district school 788
11101110 boards and Florida College System institution boards of trustees 789
11111111 concerning the planning for career education and adult 790
11121112 educational programs. The major emphasis of the system shall be 791
11131113 upon locally determined goals and objectives, the state plan for 792
11141114 education, and the state academic standards Sunshine State 793
11151115 Standards developed by the Department of Education and adopted 794
11161116 by the State Board of Education. The district planning and 795
11171117 budgeting system must include consideration of student 796
11181118 achievement data obtained pursuant to ss. 1008.22 and 1008.34. 797
11191119 The system shall be structured to meet the specific management 798
11201120 needs of the district and to align the budget adopted by the 799
11211121 district school board with the plan the board has also adopted. 800
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11301130 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11311131
11321132 Each district school board shall utilize its system of planning 801
11331133 and budgeting to emphasize a system of school -based management 802
11341134 in which individual school centers become the principal planning 803
11351135 units and to integrat e planning and budgeting at the school 804
11361136 level. 805
11371137 Section 18. Paragraph (l) of subsection (2) of section 806
11381138 1012.05, Florida Statutes, is amended to read: 807
11391139 1012.05 Teacher recruitment and retention. — 808
11401140 (2) The Department of Education shall: 809
11411141 (l) Develop and implement an online Teacher Toolkit that 810
11421142 contains a menu of resources, based on the state academic 811
11431143 standards Sunshine State Standards , that all teachers can use to 812
11441144 enhance classroom instruction and increase teacher 813
11451145 effectiveness, thus resu lting in improved student achievement. 814
11461146 Section 19. Subsection (5) of section 1012.28, Florida 815
11471147 Statutes, is amended to read: 816
11481148 1012.28 Public school personnel; duties of school 817
11491149 principals.— 818
11501150 (5) Each school principal shall perform such duties as may 819
11511151 be assigned by the district school superintendent, pursuant to 820
11521152 the rules of the district school board. Such rules shall 821
11531153 include, but are not limited to, rules relating to 822
11541154 administrative responsibility, instructional leadership in 823
11551155 implementing the state academic standards Sunshine State 824
11561156 Standards and the overall educational program of the school to 825
11571157
11581158 HB 7021 2023
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11651165 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11661166
11671167 which the school principal is assigned, submission of personnel 826
11681168 recommendations to the district school superintendent, 827
11691169 administrative responsibility for records and reports, 828
11701170 administration of corporal punishment, and student suspension. 829
11711171 Section 20. Subsection (4) of section 1012.56, Florida 830
11721172 Statutes, is amended to read: 831
11731173 1012.56 Educator certification requirements. — 832
11741174 (4) ALIGNMENT OF SUBJECT AREAS. —The State Board of 833
11751175 Education shall align the subject area examinations to the state 834
11761176 academic standards Next Generation Sunshine State Standards . 835
11771177 Section 21. Subsection (1) of section 1012.72, Florida 836
11781178 Statutes, is amended to read: 837
11791179 1012.72 Dale Hickam Excellent Te aching Program.— 838
11801180 (1) The Legislature recognizes that teachers play a 839
11811181 critical role in preparing students to achieve the high levels 840
11821182 of academic performance expected by the state academic standards 841
11831183 Sunshine State Standards . The Legislature further recogni zes the 842
11841184 importance of identifying and rewarding teaching excellence and 843
11851185 of encouraging good teachers to become excellent teachers. The 844
11861186 Legislature finds that the National Board for Professional 845
11871187 Teaching Standards (NBPTS) has established high and rigorous 846
11881188 standards for accomplished teaching and has developed a national 847
11891189 voluntary system for assessing and certifying teachers who 848
11901190 demonstrate teaching excellence by meeting those standards. It 849
11911191 is therefore the Legislature's intent to reward teachers who 850
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11931193 HB 7021 2023
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12001200 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12011201
12021202 demonstrate teaching excellence by attaining NBPTS certification 851
12031203 and sharing their expertise with other teachers. 852
12041204 Reviser's note.—Amended pursuant to the directive of the 853
12051205 Legislature in s. 10, ch. 2022 -16, Laws of Florida, to the 854
12061206 Division of Law Revision to prepare a reviser's bill for 855
12071207 the 2023 Regular Session of the Legislature to change the 856
12081208 term "Next Generation Sunshine State Standards" to "state 857
12091209 academic standards" wherever the term appears in the 858
12101210 Florida Statutes. 859
12111211 Section 22. Except as otherwise expressly p rovided in this 860
12121212 act and except for this section, which shall take effect July 1, 861
12131213 2023, this act shall take effect on the 60th day after 862
12141214 adjournment sine die of the session of the Legislature in which 863
12151215 enacted. 864