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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
A bill to be entitled 1
An act relating to Education; amending s. 1003.01, 2
F.S.; defining the terms "computational thinking" and 3
"computer science"; creating s. 1003.4202, F.S.; 4
requiring computer science courses to be included in 5
the course code directory and published on the 6
Department of Education's website; requiring the 7
Florida Virtual School to offer certain computer 8
science courses; requiring school districts to provide 9
instruction in computer science; providing 10
requirements for such instruction; requiring school 11
districts to provide students with access to computer 12
science courses through the Florida Virtual School or 13
by other means under certain circumstances; requiring 14
high school students to be provided opportunities to 15
take certain computer science courses for specified 16
purposes; providing requirements for such courses; 17
authorizing elementary and middle schools to establish 18
digital classrooms for specified purposes; subject to 19
legislative appropriation, authorizing school 20
districts and consortiums of school districts to apply 21
to the department for funding for specified purposes; 22
providing requirements for such funding; defining the 23
term "instructional personnel"; subject to legislative 24
appropriation, providing for bonuses for certain 25
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instructional personnel; providing req uirements for 26
such bonuses; providing for the carryforward of 27
certain funds; requiring rulemaking; amending s. 28
1003.4203, F.S.; revising the requirements for certain 29
courses to receive additional weight for purposes of a 30
student's grade point average; repe aling s. 1007.2616, 31
F.S., relating to computer science and technology 32
instruction; amending s. 1009.53, F.S.; requiring the 33
Department of Education to include specified 34
information in an annual notification to certain 35
individuals; amending s. 1009.532, F.S .; beginning in 36
a specified academic year, authorizing students who 37
earn a Florida Gold Seal Vocational Scholars award to 38
enroll in certain programs; amending s. 1009.533, 39
F.S.; providing that an entity that operates an 40
apprenticeship program is considered a postsecondary 41
education institution eligible for participation in 42
the program; amending s. 1009.536, F.S.; authorizing 43
the department to identify aptitude tests students may 44
use to demonstrate readiness for postsecondary 45
education for specified purposes ; authorizing students 46
who earn a Florida Gold Seal Vocational Scholars award 47
to enroll in certain programs; creating the Artificial 48
Intelligence in Education Task Force adjunct to the 49
Department of Education; requiring the department to 50
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provide administrative and staff support; providing 51
the purpose and composition of the task force; 52
providing duties of the task force; requiring the task 53
force to submit reports to the Governor and the 54
Legislature by specified dates; providing for 55
expiration of the task for ce; amending ss. 11.45, 56
39.0016, 327.371, 414.1251, 553.865, 1001.11, 1002.01, 57
1002.20, 1002.3105, 1002.33, 1002.394, 1002.395, 58
1002.42, 1002.43, 1002.44, 1003.03, 1003.21, 1003.26, 59
1003.52, 1003.573, 1003.575, 1006.0626, 1006.07, 60
1008.24, and 1012.2315, F .S.; conforming cross -61
references to changes made by the act; providing an 62
effective date. 63
64
Be It Enacted by the Legislature of the State of Florida: 65
66
Section 1. Subsections (5) through (17) of section 67
1003.01, Florida Statutes, are renumbered as subsections (7) 68
through (19), respectively, paragraphs (a), (b), and (c) of 69
present subsection (5) are amended, and new subsections (5) and 70
(6) are added to that section, to read: 71
1003.01 Definitions. —As used in this chapter, the term: 72
(5) "Computational thinking" means the thought processes 73
involved in expressing solutions as computational steps or 74
algorithms that can be carried out by a computer. 75
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(6) "Computer science" means the study of computers and 76
algorithmic processes, including their principle s, hardware and 77
software designs, applications, implementation, and impact on 78
society, including, but not limited to, computer coding, 79
computer programming, and computational thinking. 80
(7)(5) "Core-curricula courses" means: 81
(a) Courses in language arts /reading, mathematics, social 82
studies, and science in prekindergarten through grade 3, 83
excluding extracurricular courses pursuant to subsection (13) 84
(11); 85
(b) Courses in grades 4 through 8 in subjects that are 86
measured by state assessment at any grade le vel and courses 87
required for middle school promotion, excluding extracurricular 88
courses pursuant to subsection (13) (11); 89
(c) Courses in grades 9 through 12 in subjects that are 90
measured by state assessment at any grade level and courses that 91
are specifically identified by name in statute as required for 92
high school graduation and that are not measured by state 93
assessment, excluding extracurricular courses pursuant to 94
subsection (13) (11); 95
96
The term is limited in meaning and used for the sole purpose of 97
designating classes that are subject to the maximum class size 98
requirements established in s. 1, Art. IX of the State 99
Constitution. This term does not include courses offered under 100
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ss. 1002.321(3)(e), 1002.33(7)(a)2.c., 1002.37, 1002.45, and 101
1003.499. 102
103
Section 2. Section 1003.4202, Florida Statutes, is created 104
to read: 105
1003.4202 Computer science instruction in K -12 public 106
schools.— 107
(1) Computer science courses must be identified in the 108
course code directory and published on the Department of 109
Education's website. Additional computer science courses may be 110
subsequently identified and posted on the Department of 111
Education's website. 112
(2)(a) The Florida Virtual School shall offer computer 113
science courses identified in the course code directory pu rsuant 114
to subsection (1). 115
(b) School districts shall provide instruction in computer 116
science as follows: 117
1. Each public elementary school may provide computer 118
science instruction with the intent to provide a foundation for 119
future computer usage, digita l literacy, and computer science 120
instruction. 121
2. Each public middle and high school shall provide 122
computer science instruction. 123
(c) If a school district does not offer a computer science 124
course identified in the course code directory, the district 125
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must provide students with access to the course through the 126
Florida Virtual School or through other means approved by the 127
department. 128
(d) High school students must be provided opportunities 129
to: 130
1. Take computer science courses that lead to technology -131
related industry certifications and satisfy high school 132
graduation requirements pursuant to s. 1003.4282(3). Computer 133
science courses and technology -related industry certifications 134
identified by the Commissioner of Education as eligible to meet 135
the mathematics or science credit graduation requirement for 136
high school graduation under s. 1003.4282(3) must be included in 137
the course code directory. 138
2. Take computer science courses of sufficient rigor, as 139
identified by the commissioner, such that two credits in suc h 140
courses and the earning of a related industry certification or 141
technical certificate satisfies two credits of sequential 142
foreign language instruction. Florida College System 143
institutions and state universities must recognize the credits 144
as foreign language credits. Computer science courses identified 145
by the commissioner and computer science courses taken to earn 146
the related industry certification or technical certificate 147
shall be included in the course code directory. 148
(e) Public elementary and middle sc hools may establish 149
digital classrooms to provide students with opportunities to 150
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improve their digital literacy and competency; learn digital 151
skills, including computer science, multimedia presentations, 152
and the manipulation of multiple digital graphic ima ges; and 153
earn CAPE Digital Tool certificates and CAPE industry 154
certifications pursuant to s. 1003.4203 and grade -appropriate, 155
technology-related industry certifications. 156
(3)(a) Subject to legislative appropriation, a school 157
district or consortium of scho ol districts may apply to the 158
department, by a date and in a format prescribed by the 159
department, for funding to deliver or facilitate training for 160
instructional personnel to earn an educator certificate in 161
computer science pursuant to s. 1012.56 or a tech nology-related 162
industry certification associated with a course identified in 163
the course code directory pursuant to subsection (1) or for 164
professional development for instructional personnel to provide 165
instruction in computer science. Such funding must be u sed only 166
to: 167
1. Provide training pursuant to this paragraph for 168
instructional personnel. 169
2. Pay fees for examinations that lead to a credential for 170
instructional personnel. 171
3. Provide professional development for instructional 172
personnel. 173
(b) The department shall establish a deadline for 174
submitting applications for funding. The department shall award 175
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funding in an equitable manner that accounts for the unique 176
needs of small or rural school districts. 177
(c) For purposes of this section, the term "inst ructional 178
personnel" has the same meaning as in s. 1012.01(2)(a), (b), and 179
(c). 180
(4)(a) Subject to legislative appropriation, a member of 181
the instructional personnel who was evaluated as effective or 182
highly effective pursuant to s. 1012.34 in the previous school 183
year or who is newly hired by the district school board and has 184
not been evaluated pursuant to s. 1012.34 must receive a bonus 185
as follows: 186
1. If the member of the instructional personnel holds an 187
educator certificate in computer science pursuant to s. 1012.56 188
or if he or she has passed the computer science subject area 189
examination and holds an adjunct certificate issued by a school 190
district pursuant to s. 1012.57, he or she must receive a bonus 191
of $1,000 after each year he or she completes teachin g a 192
computer science course identified in the course code directory 193
pursuant to subsection (1) at a public elementary, middle, high, 194
or combination school for up to 3 years. 195
2. If the member of the instructional personnel holds an 196
industry certification associated with a course identified in 197
the course code directory pursuant to subsection (1), he or she 198
must receive a bonus of $500 after each year he or she completes 199
teaching the identified course at a public elementary, middle, 200
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high, or combination scho ol for up to 3 years. 201
(b) A school district shall report a member of the 202
instructional personnel who is eligible for a bonus under this 203
subsection to the department by a date and in a format 204
established by the department. An eligible member of the 205
instructional personnel shall receive his or her bonus upon 206
completion of the school year in which he or she taught the 207
computer science course. A member of the instructional personnel 208
may not receive more than one bonus per year under this 209
subsection. 210
(5) Any unexpended balance of funds appropriated pursuant 211
to this section shall be carried forward to the next fiscal year 212
for the same purpose. 213
(6) The State Board of Education shall adopt rules to 214
administer this section. 215
Section 3. Subsection (5) of sect ion 1003.4203, Florida 216
Statutes, is amended to read: 217
1003.4203 Digital materials, CAPE Digital Tool 218
certificates, and technical assistance. — 219
(5) GRADE POINT AVERAGE CALCULATION. —For purposes of 220
calculating grade point average, a grade in a course that is 221
directly related to a CAPE Digital Tool certificate or CAPE 222
industry certification level 3 or above and leads to an industry 223
certification must be weighted the same as a grade in an honors 224
course. 225
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Section 4. Section 1007.2616, Florida Statutes, is 226
repealed. 227
Section 5. Subsections (1), (3), and (6) of section 228
1009.53, Florida Statutes, are amended to read: 229
1009.53 Florida Bright Futures Scholarship Program. — 230
(1) The Florida Bright Futures Scholarship Program is 231
created to establish a lottery -funded scholarship program to 232
reward any Florida high school graduate who merits recognition 233
of high academic achievement and who enrolls in a degree 234
program, certificate program, or applied technology program , or 235
apprenticeship program, as defined in s. 446.021(6), at an 236
eligible Florida public or private postsecondary education 237
institution. 238
(3) The Department of Education shall administer the 239
Bright Futures Scholarship Program according to rules and 240
procedures established by the State Board of Education. A single 241
application must be sufficient for a student to apply for any of 242
the awards. The department shall advertise the availability of 243
the scholarship program and shall notify students, teachers, 244
parents, certified school counselors, and principals or other 245
relevant school administrators of the criteria and application 246
procedures. The notification must also include a list of 247
approved apprenticeship programs, eligible postsecondary 248
educational institutions, high -demand jobs and critical skill 249
sets in the state, and a wage breakdown of jobs in the state. 250
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The department must begin this process of notification no later 251
than January 1 of each year beginning with a student's freshman 252
year. 253
(6) A student enrolled in 6 to 8 semester credit hours or 254
equivalent clock hours may receive up to one -half of the maximum 255
award; a student enrolled in 9 to 11 credit hours or equivalent 256
clock hours may receive up to three -fourths of the maximum 257
award; and a student enrolled in 12 or more credit hours or 258
equivalent clock hours may receive up to the full award. 259
Section 6. Paragraphs (a) and (b) of subsection (1), 260
subsection (2), and paragraph (a) of subsection (3) of section 261
1009.532, Florida Statutes, are amended to read: 262
1009.532 Florida Bright Futures Scholarship Program; 263
student eligibility requirements for renewal awards. — 264
(1) To be eligible to renew a scholarship from any of the 265
scholarships under the Florida Bright Futures Scholarship 266
Program, a student must: 267
(a) Effective for students funded in the 2009 -2010 268
academic year and thereafter, earn at least 24 semester credit 269
hours or the equivalent clock hours in the last academic year in 270
which the student earned a scholarship if the student was 271
enrolled full time, or a prorated number of credit hours or 272
clock hours as determined by the Department of Education if the 273
student was enrolled less than full time for any part of the 274
academic year. 275
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(b) Maintain the cumulative grade point average or the 276
equivalent required by the scholarship program, except that: 277
1. If a recipient's grades fall beneath the average 278
required to renew a Florida Academic Scholar ship, but are 279
sufficient to renew a Florida Medallion Scholarship, a Florida 280
Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational 281
Scholarship, the Department of Education may grant a renewal 282
from one of those other scholarship programs, if the stu dent 283
meets the renewal eligibility requirements; or 284
2. For students initially eligible in the 2010 -2011 285
academic term and thereafter, if at any time during a student's 286
first academic year the student's grades or the equivalent are 287
insufficient to renew t he scholarship, the student may restore 288
eligibility by improving the grade point average or the 289
equivalent to the required level. A student is eligible for such 290
a restoration one time. The Legislature encourages education 291
institutions to assist students to calculate whether or not it 292
is possible to raise the grade point average or the equivalent 293
during the summer term. If the education institution determines 294
that it is possible, the institution may so inform the 295
department, which may reserve the student's a ward if funds are 296
available. The renewal, however, must not be granted until the 297
student achieves the required cumulative grade point average or 298
the equivalent. If the summer term is not sufficient to raise 299
the grade point average or the equivalent to the required 300
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renewal level, the student's next opportunity for renewal is the 301
fall semester of the following academic year. 302
(2) For students initially eligible in the 2010 -2011 303
academic term and thereafter, and unless otherwise provided in 304
this section, if a student does not meet the requirements for 305
renewal of a scholarship because of lack of completion of 306
sufficient credit hours or insufficient grades or the 307
equivalent, the scholarship shall be renewed only if the student 308
failed to complete sufficient credi t hours or to meet sufficient 309
grade requirements or the equivalent due to verifiable illness 310
or other documented emergency, in which case the student may be 311
granted an exception from academic requirements pursuant to s. 312
1009.40(1)(b)4. 313
(3)(a) A student who is initially eligible in the 2024-314
2025 2012-2013 academic year and thereafter may receive an award 315
for a maximum of 100 percent of the number of credit hours 316
required to complete an associate degree program, a 317
baccalaureate degree program, or a postseco ndary career 318
certificate program or, for a Florida Gold Seal Vocational 319
Scholars award, may receive an award for a maximum of 100 320
percent of the number of credit hours or equivalent clock hours 321
required to complete one of the following at a Florida public or 322
nonpublic education institution that offers these specific 323
programs: for an applied technology diploma program as defined 324
in s. 1004.02(7), up to 60 credit hours or equivalent clock 325
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hours; for a technical degree education program as defined in s. 326
1004.02(13), up to the number of hours required for a specific 327
degree not to exceed 72 credit hours or equivalent clock hours; 328
or for a career certificate program as defined in s. 329
1004.02(20), up to the number of hours required for a specific 330
certificate not to exceed 72 credit hours or equivalent clock 331
hours; for an industry certification, up to the number of hours 332
required for a specific certificate not to exceed 36 credit 333
hours or equivalent clock hours; for a technical certificate, up 334
to the number of hours r equired for a specific certificate not 335
to exceed 15 credit hours or equivalent clock hours; for an 336
applied technology diploma, up to the number of hours required 337
for a specific diploma not to exceed 50 credit hours or 338
equivalent clock hours; for a career o r technical certificate, 339
up to the number of hours required for a specific certificate 340
not to exceed 19 credit hours or equivalent clock hours; or for 341
an apprenticeship program as defined in s. 446.021(6), up to the 342
number of credit hours or equivalent clo ck hours required for a 343
registered apprenticeship certificate of completion if the 344
student is not exempt from paying tuition and fees, including 345
lab fees, under s. 1009.25, and 100 percent of the tools, books, 346
and materials necessary to complete the appren ticeship program 347
not to exceed $2,000 . A student who transfers from one of these 348
program levels to another program level becomes eligible for the 349
higher of the two credit hour limits. 350
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Section 7. Subsection (6) is added to section 1009.533, 351
Florida Statutes, to read: 352
1009.533 Florida Bright Futures Scholarship Program; 353
eligible postsecondary education institutions. —A student is 354
eligible for an award or the renewal of an award from the 355
Florida Bright Futures Scholarship Program if the student meets 356
the requirements for the program as described in this act and is 357
enrolled in a postsecondary education institution that meets the 358
description in any one of the following subsections: 359
(6) An entity that operates an apprenticeship program as 360
defined in s. s. 446.021(6). 361
Section 8. Paragraph (b) of subsection (1) and paragraph 362
(a) of subsection (5) of section 1009.536, Florida Statutes, are 363
amended to read: 364
1009.536 Florida Gold Seal Vocational Scholars and Florida 365
Gold Seal CAPE Scholars awards. —The Florida Gold Seal Vocational 366
Scholars award and the Florida Gold Seal CAPE Scholars award are 367
created within the Florida Bright Futures Scholarship Program to 368
recognize and reward academic achievement and career preparation 369
by high school students who wish to c ontinue their education. 370
(1) A student is eligible for a Florida Gold Seal 371
Vocational Scholars award if he or she meets the general 372
eligibility requirements for the Florida Bright Futures 373
Scholarship Program and: 374
(b) Demonstrates readiness for postseco ndary education by 375
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earning a passing score on : 376
1. The Florida College Entry Level Placement Test or its 377
equivalent as identified by the Department of Education ; or 378
2. Other aptitude tests identified by the department, 379
including, but not limited to, the Armed Services Vocational 380
Aptitude Battery and ACT WorkKeys Assessments . 381
(5)(a) A student who is initially eligible in the 2024-382
2025 2012-2013 academic year and thereafter may earn a Florida 383
Gold Seal Vocational Scholarship for a maximum of 100 percent of 384
the number of credit hours or equivalent clock hours required to 385
complete one of the following at a Florida public or nonpublic 386
education institution that offers these specific programs: for 387
an applied technology diploma program as defined in s. 388
1004.02(7), up to 60 credit hours or equivalent clock hours; for 389
a technical degree education program as defined in s. 390
1004.02(13), up to the number of hours required for a specific 391
degree not to exceed 72 credit hours or equivalent clock hours; 392
or for a career certificate program as defined in s. 393
1004.02(20), up to the number of hours required for a specific 394
certificate not to exceed 72 credit hours or equivalent clock 395
hours; for an industry certification, up to the number of hours 396
required for a specific certifi cate not to exceed 36 credit 397
hours or equivalent clock hours; for a technical certificate, up 398
to the number of hours required for a specific certificate not 399
to exceed 15 credit hours or equivalent clock hours; for an 400
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applied technology diploma, up to the n umber of hours required 401
for a specific diploma not to exceed 50 credit hours or 402
equivalent clock hours; for a career or technical certificate, 403
up to the number of hours required for a specific certificate 404
not to exceed 19 credit hours or equivalent clock h ours; or for 405
an apprenticeship program as defined in s. 446.021(6), up to the 406
number of credit hours or equivalent clock hours required for a 407
registered apprenticeship certificate of completion if the 408
student is not exempt from paying tuition and fees, inc luding 409
lab fees, under s. 1009.25, and 100 percent of the tools, books, 410
and materials necessary to complete the apprenticeship program 411
not to exceed $2,000 . 412
Section 9. (1) The Artificial Intelligence in Education 413
Task Force, a task force as defined in s. 20.03(8), Florida 414
Statutes, is created adjunct to the Department of Education to 415
evaluate the potential applications of artificial intelligence 416
in K-12 and higher education; to develop policy recommendations 417
for responsible and effective uses by studen ts and educators; to 418
identify workforce needs related to artificial intelligence; and 419
provide policy recommendations to ensure the state develops 420
education and workforce training programs that align with 421
changing industry needs. Except as otherwise provide d in this 422
section, the task force shall operate in a manner consistent 423
with s. 20.052, Florida Statutes. The department shall provide 424
administrative and staff support relating to the functions of 425
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the task force. 426
(2) The task force is composed of the foll owing members, 427
who shall be appointed no later than August 1, 2024: 428
(a) The Commissioner of Education or his or her designee. 429
(b) The following members appointed by the Governor: 430
1. A representative from the State Board of Education. 431
2. A representative from the Board of Governors. 432
3. A representative from CareerSource Florida, Inc. 433
4. A representative from the Department of Education with 434
expertise on technology procurement and data privacy standards. 435
5. A representative from the Office of the Attorney 436
General. 437
6. One local school board member from each of the 438
following: 439
a. A rural school district. 440
b. A suburban school district. 441
c. An urban school district. 442
7. A school district employee with experience in managing 443
the district's Internet technology. 444
8. A faculty member with expertise on artificial 445
intelligence, educational technology, or ethics from each of the 446
following: 447
a. A state university. 448
b. A Florida College System institution. 449
c. A private college or university. 450
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9. One K-12 educator from each of the following: 451
a. A public school. 452
b. A charter school. 453
c. A private school. 454
10. Three leaders from industry sectors in the state which 455
are directly impacted by the developments in artificial 456
intelligence. 457
11. One member who is a national policy advisor with 458
expertise in artificial intelligence, education, and education 459
technology. 460
(3)(a) The commissioner shall serve as chair of the task 461
force. 462
(b) The task force shall meet at least four times, with 463
the first meeting of the task force occurring no later than 464
October 1, 2024. 465
(c) The task force is authorized to invite outside 466
experts, conduct surveys, hold public hearings, and engage in 467
other methods of gathering data on current use, opportunities, 468
and challenges related to artificial intelligence and is 469
encouraged to seek the feedback of students, parents, teachers, 470
and other community members. 471
(4) The task force shall: 472
(a) Evaluate the current state of artificial intelligence 473
technology and its potential a pplications in K-12 and 474
postsecondary education. 475
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(b) Assess the ethical, legal, and data privacy 476
implications of using artificial intelligence in education. 477
(c) Develop policy recommendations for the responsible and 478
effective use of artificial intellig ence in education for 479
district school boards, postsecondary educational institutions, 480
and the state as a whole. Such policy recommendations must 481
include the following: 482
1. Academic integrity and plagiarism. 483
2. Acceptable uses of artificial intelligence for students 484
and educators. 485
3. Student and teacher data privacy. 486
4. Parental access to information that students enter into 487
artificial intelligence system. 488
(d) Provide recommendations for incorporating artificial 489
intelligence into K-12 educational standards and postsecondary 490
education curricula, including general education courses as well 491
as career and technical courses that align with evolving 492
industry demands. 493
(e) Develop guidelines for training K -12 and postsecondary 494
educators to effectively use artificial intelligence tools, 495
including to support personalized learning. 496
(f) Propose criteria for monitoring and evaluating the 497
effects of artificial intelligence on student learning outcomes. 498
(g) Identify strategies to protect student and teacher 499
data privacy when using artificial intelligence systems. 500
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(h) Recommend a set of common requirements for state and 501
school district procurement of artificial intelligence powered 502
software, including, but not limited to: 503
1. Requirements for content filters that protect students 504
from accessing content that is age inappropriate. 505
2. Requirements to allow parents to review the content 506
their minor students enter into artificial intelligence 507
software. 508
3. Vendor-provided training and support for technology 509
staff. 510
4. Prohibitions on the unauthorized sale of student or 511
teacher data. 512
(i) Identify opportunities for fostering collaboration 513
between K-12 education, Florida College System institutions, 514
career centers, workforce development programs, and industry 515
sectors effected by artificial intelligence to prepare students 516
for future careers that involve artificial intelligence 517
technologies. 518
(j) Promote strategies to bridge the digital divide and 519
ensure equitable access to artificial intelligence -powered 520
educational resources. 521
(5)(a) The task force shall submit: 522
(a) An interim report to the Governor, the President of 523
the Senate, and the Speaker of the House of Representative by 524
March 1, 2025. 525
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(b) A final report on its findings and recommendations to 526
the Governor, the President of the Senate, and the Speaker of 527
the House of Representative by December 1, 2025. 528
(6) This section expires December 1, 2025. 529
Section 10. Paragraph (k) of subsection (2) of section 530
11.45, Florida Statutes, is amended to read: 531
11.45 Definitions; duties; authorities; reports; rules. — 532
(2) DUTIES.—The Auditor General shall: 533
(k) Contact each district school board, as defined in s. 534
1003.01 s. 1003.01(7), with the findings and recommendations 535
contained within the Auditor General's p revious operational 536
audit report. The district school board shall provide the 537
Auditor General with evidence of the initiation of corrective 538
action within 45 days after the date it is requested by the 539
Auditor General and evidence of completion of corrective action 540
within 180 days after the date it is requested by the Auditor 541
General. If the district school board fails to comply with the 542
Auditor General's request or is unable to take corrective action 543
within the required timeframe, the Auditor General shall n otify 544
the Legislative Auditing Committee. 545
546
The Auditor General shall perform his or her duties 547
independently but under the general policies established by the 548
Legislative Auditing Committee. This subsection does not limit 549
the Auditor General's discretionar y authority to conduct other 550
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audits or engagements of governmental entities as authorized in 551
subsection (3). 552
Section 11. Paragraph (b) of subsection (3) of section 553
39.0016, Florida Statutes, is amended to read: 554
39.0016 Education of abused, neglected, and abandoned 555
children; agency agreements; children having or suspected of 556
having a disability. — 557
(3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY. — 558
(b)1. Each district school superintendent or dependency 559
court must appoint a surrogate parent fo r a child known to the 560
department who has or is suspected of having a disability, as 561
defined in s. 1003.01 s. 1003.01(9), when: 562
a. After reasonable efforts, no parent can be located; or 563
b. A court of competent jurisdiction over a child under 564
this chapter has determined that no person has the authority 565
under the Individuals with Disabilities Education Act, including 566
the parent or parents subject to the dependency action, or that 567
no person has the authority, willingness, or ability to serve as 568
the educational decisionmaker for the child without judicial 569
action. 570
2. A surrogate parent appointed by the district school 571
superintendent or the court must be at least 18 years old and 572
have no personal or professional interest that conflicts with 573
the interests of the student to be represented. Neither the 574
district school superintendent nor the court may appoint an 575
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employee of the Department of Education, the local school 576
district, a community -based care provider, the Department of 577
Children and Families, or any other public or private agency 578
involved in the education or care of the child as appointment of 579
those persons is prohibited by federal law. This prohibition 580
includes group home staff and therapeutic foster parents. 581
However, a person who acts in a parental role to a child, such 582
as a foster parent or relative caregiver, is not prohibited from 583
serving as a surrogate parent if he or she is employed by such 584
agency, willing to serve, and knowledgeable about the child and 585
the exceptional student education process . The surrogate parent 586
may be a court-appointed guardian ad litem or a relative or 587
nonrelative adult who is involved in the child's life regardless 588
of whether that person has physical custody of the child. Each 589
person appointed as a surrogate parent must h ave the knowledge 590
and skills acquired by successfully completing training using 591
materials developed and approved by the Department of Education 592
to ensure adequate representation of the child. 593
3. If a guardian ad litem has been appointed for a child, 594
the district school superintendent must first consider the 595
child's guardian ad litem when appointing a surrogate parent. 596
The district school superintendent must accept the appointment 597
of the court if he or she has not previously appointed a 598
surrogate parent. Similarly, the court must accept a surrogate 599
parent duly appointed by a district school superintendent. 600
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4. A surrogate parent appointed by the district school 601
superintendent or the court must be accepted by any subsequent 602
school or school district without regard to where the child is 603
receiving residential care so that a single surrogate parent can 604
follow the education of the child during his or her entire time 605
in state custody. Nothing in this paragraph or in rule shall 606
limit or prohibit the continuance of a surrogate parent 607
appointment when the responsibility for the student's 608
educational placement moves among and between public and private 609
agencies. 610
5. For a child known to the department, the responsibility 611
to appoint a surrogate parent resides with both the district 612
school superintendent and the court with jurisdiction over the 613
child. If the court elects to appoint a surrogate parent, notice 614
shall be provided as soon as practicable to the child's school. 615
At any time the court determines that it is in the best 616
interests of a child to remove a surrogate parent, the court may 617
appoint a new surrogate parent for educational decisionmaking 618
purposes for that child. 619
6. The surrogate parent shall continue in the appointed 620
role until one of the following occu rs: 621
a. The child is determined to no longer be eligible or in 622
need of special programs, except when termination of special 623
programs is being contested. 624
b. The child achieves permanency through adoption or legal 625
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guardianship and is no longer in the cust ody of the department. 626
c. The parent who was previously unknown becomes known, 627
whose whereabouts were unknown is located, or who was 628
unavailable is determined by the court to be available. 629
d. The appointed surrogate no longer wishes to represent 630
the child or is unable to represent the child. 631
e. The superintendent of the school district in which the 632
child is attending school, the Department of Education contract 633
designee, or the court that appointed the surrogate determines 634
that the appointed surrogate parent no longer adequately 635
represents the child. 636
f. The child moves to a geographic location that is not 637
reasonably accessible to the appointed surrogate. 638
7. The appointment and termination of appointment of a 639
surrogate under this paragraph shall be entered as an order of 640
the court with a copy of the order provided to the child's 641
school as soon as practicable. 642
8. The person appointed as a surrogate parent under this 643
paragraph must: 644
a. Be acquainted with the child and become knowledgeable 645
about his or her disability and educational needs. 646
b. Represent the child in all matters relating to 647
identification, evaluation, and educational placement and the 648
provision of a free and appropriate education to the child. 649
c. Represent the interests and safegua rd the rights of the 650
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child in educational decisions that affect the child. 651
9. The responsibilities of the person appointed as a 652
surrogate parent shall not extend to the care, maintenance, 653
custody, residential placement, or any other area not 654
specifically related to the education of the child, unless the 655
same person is appointed by the court for such other purposes. 656
10. A person appointed as a surrogate parent shall enjoy 657
all of the procedural safeguards afforded a parent with respect 658
to the identification, evaluation, and educational placement of 659
a student with a disability or a student who is suspected of 660
having a disability. 661
11. A person appointed as a surrogate parent shall not be 662
held liable for actions taken in good faith on behalf of the 663
student in protecting the special education rights of the child. 664
Section 12. Paragraph (c) of subsection (1) of section 665
327.371, Florida Statutes, is amended to read: 666
327.371 Human-powered vessels regulated. — 667
(1) A person may operate a human -powered vessel within the 668
boundaries of the marked channel of the Florida Intracoastal 669
Waterway as defined in s. 327.02: 670
(c) When participating in practices or competitions for 671
interscholastic, intercollegiate, intramural, or club rowing 672
teams affiliated with an educa tional institution identified in 673
s. 1000.21, s. 1002.01(3), s. 1003.01(19) s. 1003.01(17), s. 674
1005.02(4), or s. 1005.03(1)(d), if the adjacent area outside of 675
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the marked channel is not suitable for such practice or 676
competition. The teams must use their bes t efforts to make use 677
of the adjacent area outside of the marked channel. The 678
commission must be notified in writing of the details of any 679
such competition, and the notification must include, but need 680
not be limited to, the date, time, and location of the 681
competition. 682
Section 13. Subsection (1) of section 414.1251, Florida 683
Statutes, is amended to read: 684
414.1251 Learnfare program. — 685
(1) The department shall reduce the temporary cash 686
assistance for a participant's eligible dependent child or for 687
an eligible teenage participant who has not been exempted from 688
education participation requirements, if the eligible dependent 689
child or eligible teenage participant has been identified either 690
as a habitual truant , pursuant to s. 1003.01(12), or as a 691
dropout, as those terms are defined in s. 1003.01 pursuant to s. 692
1003.01(8). For a student who has been identified as a habitual 693
truant, the temporary cash assistance must be reinstated after a 694
subsequent grading period in which the child's attendance has 695
substantially improved. For a student who has been identified as 696
a dropout, the temporary cash assistance must be reinstated 697
after the student enrolls in a public school, receives a high 698
school diploma or its equivalency, enrolls in preparation for 699
the high school equivalency examination, or enrolls in other 700
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educational activities approved by the district school board. 701
Good cause exemptions from the rule of unexcused absences 702
include the following: 703
(a) The student is expelled from school and alternative 704
schooling is not available. 705
(b) No licensed day care is available for a child of teen 706
parents subject to Learnfare. 707
(c) Prohibitive transportation problems exist (e.g., to 708
and from day care). 709
710
Within 10 days after sanction notification, the participant 711
parent of a dependent child or the teenage participant may file 712
an internal fair hearings process review procedure appeal, and 713
no sanction shall be imposed until the appeal is resolved. 714
Section 14. Paragraph (g) of subsection (3) of section 715
553.865, Florida Statut es, is amended to read: 716
553.865 Private spaces. — 717
(3) As used in this section, the term: 718
(g) "K-12 educational institution or facility" means: 719
1. A school as defined in s. 1003.01 s. 1003.01(17) 720
operated under the control of a district school board as defined 721
in s. 1003.01 s. 1003.01(7); 722
2. The Florida School for the Deaf and the Blind as 723
described in ss. 1000.04(4) and 1002.36; 724
3. A developmental research (laboratory) school 725
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established pursuant to s. 1002.32(2); 726
4. A charter school authorized under s. 1002.33; or 727
5. A private school as defined in s. 1002.01(3). 728
Section 15. Subsection (7) of section 1001.11, Florida 729
Statutes, is amended to read: 730
1001.11 Commissioner of Education; ot her duties.— 731
(7) The commissioner shall make prominently available on 732
the department's website the following: links to the Internet -733
based clearinghouse for professional development regarding 734
physical education; the school wellness and physical education 735
policies and other resources required under s. 1003.453; and 736
other Internet sites that provide professional development for 737
elementary teachers of physical education as defined in s. 738
1003.01 s. 1003.01(15). These links must provide elementary 739
teachers with information concerning current physical education 740
and nutrition philosophy and best practices that result in 741
student participation in physical activities that promote 742
lifelong physical and mental well -being. 743
Section 16. Section 1002.01, Florida Statut es, is amended 744
to read: 745
1002.01 Definitions. — 746
(1) A "home education program" means the sequentially 747
progressive instruction of a student directed by his or her 748
parent to satisfy the attendance requirements of ss. 1002.41, 749
1003.01(18) 1003.01(16), and 1003.21(1). 750
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(2) A "personalized education program" means the 751
sequentially progressive instruction of a student directed by 752
his or her parent to satisfy the attendance requirements of ss. 753
1003.01(18) 1003.01(16) and 1003.21(1) while registered with an 754
eligible nonprofit scholarship -funding organization pursuant to 755
s. 1002.395. A personalized education student shall be provided 756
the same flexibility and opportunities as provided in s. 757
1002.41(3)-(12). 758
(3) A "private school" is a nonpublic school defined as an 759
individual, association, copartnership, or corporation, or 760
department, division, or section of such organizations, that 761
designates itself as an educational center that includes 762
kindergarten or a higher grade or as an elementary, secondary, 763
business, technical, or trade school below college level or any 764
organization that provides instructional services that meet the 765
intent of s. 1003.01(18) s. 1003.01(16) or that gives 766
preemployment or supplementary training in technology or in 767
fields of trade or industry or that offers academic, literary, 768
or career training below college level, or any combination of 769
the above, including an institution that performs the functions 770
of the above schools through correspondence or extension, except 771
those licensed under the prov isions of chapter 1005. A private 772
school may be a parochial, religious, denominational, for -773
profit, or nonprofit school. This definition does not include 774
home education programs conducted in accordance with s. 1002.41. 775
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Section 17. Paragraph (b) of subs ection (2) of section 776
1002.20, Florida Statutes, is amended to read: 777
1002.20 K-12 student and parent rights. —Parents of public 778
school students must receive accurate and timely information 779
regarding their child's academic progress and must be informed 780
of ways they can help their child to succeed in school. K -12 781
students and their parents are afforded numerous statutory 782
rights including, but not limited to, the following: 783
(2) ATTENDANCE.— 784
(b) Regular school attendance. —Parents of students who 785
have attained the age of 6 years by February 1 of any school 786
year but who have not attained the age of 16 years must comply 787
with the compulsory school attendance laws. Parents have the 788
option to comply with the school attendance laws by attendance 789
of the student in a public school; a parochial, religious, or 790
denominational school; a private school; a home education 791
program; or a private tutoring program, in accordance with the 792
provisions of s. 1003.01(18) s. 1003.01(16). 793
Section 18. Paragraph (d) of subsection (3 ) of section 794
1002.3105, Florida Statutes, is amended to read: 795
1002.3105 Academically Challenging Curriculum to Enhance 796
Learning (ACCEL) options. — 797
(3) STUDENT ELIGIBILITY CONSIDERATIONS. —When establishing 798
student eligibility requirements, principals and school 799
districts must consider, at a minimum: 800
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(d) Recommendations from one or more of the student's 801
teachers in core-curricula courses as defined in s. 802
1003.01(7)(a)-(e) s. 1003.01(5)(a)-(e). 803
Section 19. Paragraph (a) of subsection (20) of section 804
1002.33, Florida Statutes, is amended to read: 805
1002.33 Charter schools. — 806
(20) SERVICES.— 807
(a)1. A sponsor shall provide certain administrative and 808
educational services to charter schools. These services shall 809
include contract management services; full -time equivalent and 810
data reporting services; exceptional student education 811
administration services; services related to eligibility and 812
reporting duties required to ensure that school lunch services 813
under the National School Lunch Program, consistent with the 814
needs of the charter school, are provided by the sponsor at the 815
request of the charter school, that any funds due to the charter 816
school under the National School Lunch Program be paid to the 817
charter school as soon as the charter school begins serving f ood 818
under the National School Lunch Program, and that the charter 819
school is paid at the same time and in the same manner under the 820
National School Lunch Program as other public schools serviced 821
by the sponsor or the school district; test administration 822
services, including payment of the costs of state -required or 823
district-required student assessments; processing of teacher 824
certificate data services; and information services, including 825
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equal access to the sponsor's student information systems that 826
are used by public schools in the district in which the charter 827
school is located or by schools in the sponsor's portfolio of 828
charter schools if the sponsor is not a school district. Student 829
performance data for each student in a charter school, 830
including, but not l imited to, FCAT scores, standardized test 831
scores, previous public school student report cards, and student 832
performance measures, shall be provided by the sponsor to a 833
charter school in the same manner provided to other public 834
schools in the district or by schools in the sponsor's portfolio 835
of charter schools if the sponsor is not a school district. 836
2. A sponsor shall provide training to charter schools on 837
systems the sponsor will require the charter school to use. 838
3. A sponsor may withhold an administrative fee for the 839
provision of such services which shall be a percentage of the 840
available funds defined in paragraph (17)(b) calculated based on 841
weighted full-time equivalent students. If the charter school 842
serves 75 percent or more exceptional education students as 843
defined in s. 1003.01 s. 1003.01(9), the percentage shall be 844
calculated based on unweighted full -time equivalent students. 845
The administrative fee shall be calculated as follows: 846
a. Up to 5 percent for: 847
(I) Enrollment of up to and including 250 students in a 848
charter school as defined in this section. 849
(II) Enrollment of up to and including 500 students within 850
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a charter school system which meets all of the following: 851
(A) Includes conversion charter scho ols and nonconversion 852
charter schools. 853
(B) Has all of its schools located in the same county. 854
(C) Has a total enrollment exceeding the total enrollment 855
of at least one school district in this state. 856
(D) Has the same governing board for all of its sch ools. 857
(E) Does not contract with a for -profit service provider 858
for management of school operations. 859
(III) Enrollment of up to and including 250 students in a 860
virtual charter school. 861
b. Up to 2 percent for enrollment of up to and including 862
250 students in a high-performing charter school as defined in 863
s. 1002.331. 864
c. Up to 2 percent for enrollment of up to and including 865
250 students in an exceptional student education center that 866
meets the requirements of the rules adopted by the State Board 867
of Education pursuant to s. 1008.3415(3). 868
4. A sponsor may not charge charter schools any additional 869
fees or surcharges for administrative and educational services 870
in addition to the maximum percentage of administrative fees 871
withheld pursuant to this paragraph. A sponsor may not charge or 872
withhold any administrative fee against a charter school for any 873
funds specifically allocated by the Legislature for teacher 874
compensation. 875
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5. A sponsor shall provide to the department by September 876
15 of each year the total amo unt of funding withheld from 877
charter schools pursuant to this subsection for the prior fiscal 878
year. The department must include the information in the report 879
required under sub-sub-subparagraph (5)(b)1.k.(III). 880
6. A sponsor shall annually provide a repor t to its 881
charter schools on what services are being rendered from the 882
sponsor's portion of the administrative fee. The report must 883
include the listed services and be submitted to the department 884
by September 15 of each year. 885
Section 20. Subsection (4) a nd paragraph (b) of subsection 886
(10) of section 1002.394, Florida Statutes, are amended to read: 887
1002.394 The Family Empowerment Scholarship Program. — 888
(4) AUTHORIZED USES OF PROGRAM FUNDS. — 889
(a) Program funds awarded to a student determined eligible 890
pursuant to paragraph (3)(a) may be used for: 891
1. Tuition and fees at an eligible private school. 892
2. Transportation to a Florida public school in which a 893
student is enrolled and that is different from the school to 894
which the student was assigned or to a l ab school as defined in 895
s. 1002.32. 896
3. Instructional materials, including digital materials 897
and Internet resources. 898
4. Curriculum as defined in subsection (2). 899
5. Tuition and fees associated with full -time or part-time 900
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enrollment in an eligible posts econdary educational institution 901
or a program offered by the postsecondary educational 902
institution, unless the program is subject to s. 1009.25 or 903
reimbursed pursuant to s. 1009.30; an approved preapprenticeship 904
program as defined in s. 446.021(5) which is not subject to s. 905
1009.25 and complies with all applicable requirements of the 906
department pursuant to chapter 1005; a private tutoring program 907
authorized under s. 1002.43; a virtual program offered by a 908
department-approved private online provider that mee ts the 909
provider qualifications specified in s. 1002.45(2)(a); the 910
Florida Virtual School as a private paying student; or an 911
approved online course offered pursuant to s. 1003.499 or s. 912
1004.0961. 913
6. Fees for nationally standardized, norm -referenced 914
achievement tests, Advanced Placement Examinations, industry 915
certification examinations, assessments related to postsecondary 916
education, or other assessments. 917
7. Contracted services provided by a public school or 918
school district, including classes. A student who receives 919
contracted services under this subparagraph is not considered 920
enrolled in a public school for eligibility purposes as 921
specified in subsection (6) but rather attending a public school 922
on a part-time basis as authorized under s. 1002.44. 923
8. Tuition and fees for part -time tutoring services or 924
fees for services provided by a choice navigator. Such services 925
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must be provided by a person who holds a valid Florida 926
educator's certificate pursuant to s. 1012.56, a person who 927
holds an adjunct teaching c ertificate pursuant to s. 1012.57, a 928
person who has a bachelor's degree or a graduate degree in the 929
subject area in which instruction is given, a person who has 930
demonstrated a mastery of subject area knowledge pursuant to s. 931
1012.56(5), or a person certifi ed by a nationally or 932
internationally recognized research -based training program as 933
approved by the department. As used in this subparagraph, the 934
term "part-time tutoring services" does not qualify as regular 935
school attendance as defined in s. 1003.01(18)(e) s. 936
1003.01(16)(e). 937
(b) Program funds awarded to a student with a disability 938
determined eligible pursuant to paragraph (3)(b) may be used for 939
the following purposes: 940
1. Instructional materials, including digital devices, 941
digital periphery devices, an d assistive technology devices that 942
allow a student to access instruction or instructional content 943
and training on the use of and maintenance agreements for these 944
devices. 945
2. Curriculum as defined in subsection (2). 946
3. Specialized services by approved providers or by a 947
hospital in this state which are selected by the parent. These 948
specialized services may include, but are not limited to: 949
a. Applied behavior analysis services as provided in ss. 950
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627.6686 and 641.31098. 951
b. Services provided by speech -language pathologists as 952
defined in s. 468.1125(8). 953
c. Occupational therapy as defined in s. 468.203. 954
d. Services provided by physical therapists as defined in 955
s. 486.021(8). 956
e. Services provided by listening and spoken language 957
specialists and an app ropriate acoustical environment for a 958
child who has a hearing impairment, including deafness, and who 959
has received an implant or assistive hearing device. 960
4. Tuition and fees associated with full -time or part-time 961
enrollment in a home education program; an eligible private 962
school; an eligible postsecondary educational institution or a 963
program offered by the postsecondary educational institution, 964
unless the program is subject to s. 1009.25 or reimbursed 965
pursuant to s. 1009.30; an approved preapprenticeship program as 966
defined in s. 446.021(5) which is not subject to s. 1009.25 and 967
complies with all applicable requirements of the department 968
pursuant to chapter 1005; a private tutoring program authorized 969
under s. 1002.43; a virtual program offered by a departm ent-970
approved private online provider that meets the provider 971
qualifications specified in s. 1002.45(2)(a); the Florida 972
Virtual School as a private paying student; or an approved 973
online course offered pursuant to s. 1003.499 or s. 1004.0961. 974
5. Fees for nationally standardized, norm -referenced 975
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achievement tests, Advanced Placement Examinations, industry 976
certification examinations, assessments related to postsecondary 977
education, or other assessments. 978
6. Contributions to the Stanley G. Tate Florida Prepaid 979
College Program pursuant to s. 1009.98 or the Florida College 980
Savings Program pursuant to s. 1009.981 for the benefit of the 981
eligible student. 982
7. Contracted services provided by a public school or 983
school district, including classes. A student who receiv es 984
services under a contract under this paragraph is not considered 985
enrolled in a public school for eligibility purposes as 986
specified in subsection (6) but rather attending a public school 987
on a part-time basis as authorized under s. 1002.44. 988
8. Tuition and fees for part-time tutoring services or 989
fees for services provided by a choice navigator. Such services 990
must be provided by a person who holds a valid Florida 991
educator's certificate pursuant to s. 1012.56, a person who 992
holds an adjunct teaching certific ate pursuant to s. 1012.57, a 993
person who has a bachelor's degree or a graduate degree in the 994
subject area in which instruction is given, a person who has 995
demonstrated a mastery of subject area knowledge pursuant to s. 996
1012.56(5), or a person certified by a nationally or 997
internationally recognized research -based training program as 998
approved by the department. As used in this subparagraph, the 999
term "part-time tutoring services" does not qualify as regular 1000
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school attendance as defined in s. 1003.01(18)(e) s. 1001
1003.01(16)(e). 1002
9. Fees for specialized summer education programs. 1003
10. Fees for specialized after -school education programs. 1004
11. Transition services provided by job coaches. 1005
12. Fees for an annual evaluation of educational progress 1006
by a state-certified teacher under s. 1002.41(1)(f), if this 1007
option is chosen for a home education student. 1008
13. Tuition and fees associated with programs offered by 1009
Voluntary Prekindergarten Education Program providers approved 1010
pursuant to s. 1002.55 and school readiness providers approved 1011
pursuant to s. 1002.88. 1012
14. Fees for services provided at a center that is a 1013
member of the Professional Association of Therapeutic 1014
Horsemanship International. 1015
15. Fees for services provided by a therapist who is 1016
certified by the Cer tification Board for Music Therapists or 1017
credentialed by the Art Therapy Credentials Board, Inc. 1018
(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1019
PARTICIPATION.— 1020
(b) A parent who applies for program participation under 1021
paragraph (3)(b) is exercisin g his or her parental option to 1022
determine the appropriate placement or the services that best 1023
meet the needs of his or her child and must: 1024
1. Apply to an eligible nonprofit scholarship -funding 1025
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organization to participate in the program by a date set by t he 1026
organization. The request must be communicated directly to the 1027
organization in a manner that creates a written or electronic 1028
record of the request and the date of receipt of the request. 1029
2. Sign an agreement with the organization and annually 1030
submit a sworn compliance statement to the organization to 1031
satisfy or maintain program eligibility, including eligibility 1032
to receive and spend program payments by: 1033
a. Affirming that the student is enrolled in a program 1034
that meets regular school attendance requir ements as provided in 1035
s. 1003.01(18)(b), (c), or (d) s. 1003.01(16)(b), (c), or (d) . 1036
b. Affirming that the program funds are used only for 1037
authorized purposes serving the student's educational needs, as 1038
described in paragraph (4)(b); that any prepaid col lege plan or 1039
college savings plan funds contributed pursuant to subparagraph 1040
(4)(b)6. will not be transferred to another beneficiary while 1041
the plan contains funds contributed pursuant to this section; 1042
and that they will not receive a payment, refund, or re bate of 1043
any funds provided under this section. 1044
c. Affirming that the parent is responsible for all 1045
eligible expenses in excess of the amount of the scholarship and 1046
for the education of his or her student by, as applicable: 1047
(I) Requiring the student to take an assessment in 1048
accordance with paragraph (9)(c); 1049
(II) Providing an annual evaluation in accordance with s. 1050
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1002.41(1)(f); or 1051
(III) Requiring the child to take any preassessments and 1052
postassessments selected by the provider if the child is 4 year s 1053
of age and is enrolled in a program provided by an eligible 1054
Voluntary Prekindergarten Education Program provider. A student 1055
with disabilities for whom the physician or psychologist who 1056
issued the diagnosis or the IEP team determines that a 1057
preassessment and postassessment is not appropriate is exempt 1058
from this requirement. A participating provider shall report a 1059
student's scores to the parent. 1060
d. Affirming that the student remains in good standing 1061
with the provider or school if those options are selected by the 1062
parent. 1063
e. Enrolling his or her child in a program from a 1064
Voluntary Prekindergarten Education Program provider authorized 1065
under s. 1002.55, a school readiness provider authorized under 1066
s. 1002.88, or an eligible private school if either o ption is 1067
selected by the parent. 1068
f. Renewing participation in the program each year. A 1069
student whose participation in the program is not renewed may 1070
continue to spend scholarship funds that are in his or her 1071
account from prior years unless the account mu st be closed 1072
pursuant to subparagraph (5)(b)3. Notwithstanding any changes to 1073
the student's IEP, a student who was previously eligible for 1074
participation in the program shall remain eligible to apply for 1075
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renewal. However, for a high -risk child to continue t o 1076
participate in the program in the school year after he or she 1077
reaches 6 years of age, the child's application for renewal of 1078
program participation must contain documentation that the child 1079
has a disability defined in paragraph (2)(e) other than high -1080
risk status. 1081
g. Procuring the services necessary to educate the 1082
student. If such services include enrollment in an eligible 1083
private school, the parent must meet with the private school's 1084
principal or the principal's designee to review the school's 1085
academic programs and policies, specialized services, code of 1086
student conduct, and attendance policies before his or her 1087
student is enrolled. When the student receives a scholarship, 1088
the district school board is not obligated to provide the 1089
student with a free appro priate public education. For purposes 1090
of s. 1003.57 and the Individuals with Disabilities in Education 1091
Act, a participating student has only those rights that apply to 1092
all other unilaterally parentally placed students, except that, 1093
when requested by the pa rent, school district personnel must 1094
develop an IEP or matrix level of services. 1095
Section 21. Paragraphs (d) and (e) of subsection (6) of 1096
section 1002.395, Florida Statutes, are amended to read: 1097
1002.395 Florida Tax Credit Scholarship Program. — 1098
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 1099
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 1100
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organization: 1101
(d)1. For the 2023-2024 school year, may fund no more than 1102
20,000 scholarships for students who are enrolled pursuant to 1103
paragraph (7)(b). The number of scholarships funded for such 1104
students may increase by 40,000 in each subsequent school year. 1105
This subparagraph is repealed July 1, 2027. 1106
2. Must establish and maintain separate empowerment 1107
accounts from eligible contributions for each eligible student. 1108
For each account, the organization must maintain a record of 1109
accrued interest retained in the student's account. The 1110
organization must verify that scholarship funds are used for: 1111
a. Tuition and fees for full -time or part-time enrollment 1112
in an eligible private school. 1113
b. Transportation to a Florida public school in which a 1114
student is enrolled and that is different from the school to 1115
which the student was assigned or to a lab school as defined in 1116
s. 1002.32. 1117
c. Instructional mater ials, including digital materials 1118
and Internet resources. 1119
d. Curriculum as defined in s. 1002.394(2). 1120
e. Tuition and fees associated with full -time or part-time 1121
enrollment in a home education instructional program; an 1122
eligible postsecondary educational institution or a program 1123
offered by the postsecondary educational institution, unless the 1124
program is subject to s. 1009.25 or reimbursed pursuant to s. 1125
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1009.30; an approved preapprenticeship program as defined in s. 1126
446.021(5) which is not subject to s. 1 009.25 and complies with 1127
all applicable requirements of the Department of Education 1128
pursuant to chapter 1005; a private tutoring program authorized 1129
under s. 1002.43; a virtual program offered by a department -1130
approved private online provider that meets the provider 1131
qualifications specified in s. 1002.45(2)(a); the Florida 1132
Virtual School as a private paying student; or an approved 1133
online course offered pursuant to s. 1003.499 or s. 1004.0961. 1134
f. Fees for nationally standardized, norm -referenced 1135
achievement tests, Advanced Placement Examinations, industry 1136
certification examinations, assessments related to postsecondary 1137
education, or other assessments. 1138
g. Contracted services provided by a public school or 1139
school district, including classes. A student who rec eives 1140
contracted services under this sub -subparagraph is not 1141
considered enrolled in a public school for eligibility purposes 1142
as specified in subsection (11) but rather attending a public 1143
school on a part-time basis as authorized under s. 1002.44. 1144
h. Tuition and fees for part -time tutoring services or 1145
fees for services provided by a choice navigator. Such services 1146
must be provided by a person who holds a valid Florida 1147
educator's certificate pursuant to s. 1012.56, a person who 1148
holds an adjunct teaching cer tificate pursuant to s. 1012.57, a 1149
person who has a bachelor's degree or a graduate degree in the 1150
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subject area in which instruction is given, a person who has 1151
demonstrated a mastery of subject area knowledge pursuant to s. 1152
1012.56(5), or a person certified by a nationally or 1153
internationally recognized research -based training program as 1154
approved by the Department of Education. As used in this 1155
paragraph, the term "part -time tutoring services" does not 1156
qualify as regular school attendance as defined in s. 1157
1003.01(18)(e) s. 1003.01(16)(e). 1158
(e) For students determined eligible pursuant to paragraph 1159
(7)(b), must: 1160
1. Maintain a signed agreement from the parent which 1161
constitutes compliance with the attendance requirements under 1162
ss. 1003.01(18) 1003.01(16) and 1003.21(1). 1163
2. Receive eligible student test scores and, beginning 1164
with the 2027-2028 school year, by August 15, annually report 1165
test scores for students pursuant to paragraph (7)(b) to a state 1166
university pursuant to paragraph (9)(f). 1167
3. Provide parents with information, guidance, and support 1168
to create and annually update a student learning plan for their 1169
student. The organization must maintain the plan and allow 1170
parents to electronically submit, access, and revise the plan 1171
continuously. 1172
4. Upon submission by the parent of an annual student 1173
learning plan, fund a scholarship for a student determined 1174
eligible. 1175
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1176
Information and documentation provided to the Department of 1177
Education and the Auditor General relating to the identity of a 1178
taxpayer that provides an eligible contribution under this 1179
section shall remain confidential at all times in accordance 1180
with s. 213.053. 1181
Section 22. Subsection (7) of section 1002.42, Florida 1182
Statutes, is amended to read: 1183
1002.42 Private schools. — 1184
(7) ATTENDANCE REQUIREMENTS. —Attendance of a student at a 1185
private, parochial, religious, or denominational school 1186
satisfies the attendance requirements of ss. 1003.01(18) 1187
1003.01(16) and 1003.21(1). 1188
Section 23. Subsection (1) of section 1002.43, Flori da 1189
Statutes, is amended to read: 1190
1002.43 Private tutoring programs. — 1191
(1) Regular school attendance as defined in s. 1003.01 s. 1192
1003.01(16) may be achieved by attendance in a private tutoring 1193
program if the person tutoring the student meets the following 1194
requirements: 1195
(a) Holds a valid Florida certificate to teach the 1196
subjects or grades in which instruction is given. 1197
(b) Keeps all records and makes all reports required by 1198
the state and district school board and makes regular reports on 1199
the attendance of students in accordance with the provisions of 1200
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s. 1003.23(2). 1201
(c) Requires students to be in actual attendance for the 1202
minimum length of time prescribed by s. 1011.60(2). 1203
Section 24. Subsections (1) and (3) of section 1002.44, 1204
Florida Statutes, are amended to read: 1205
1002.44 Part-time public school enrollment. — 1206
(1) Any public school in this state, including a charter 1207
school, may enroll a student who meets the regular school 1208
attendance criteria in s. 1003.01(18)(b)-(f) s. 1003.01(16)(b)-1209
(f) on a part-time basis, subject to space and availability 1210
according to the school's capacity determined pursuant to s. 1211
1002.31(2)(b). 1212
(3) A student attending a public school on a part -time 1213
basis pursuant to this section is not considered to be in 1214
regular attendance at a public school as defined in s. 1215
1003.01(18)(a) s. 1003.01(16)(a). 1216
Section 25. Subsection (6) of section 1003.03, Florida 1217
Statutes, is amended to read: 1218
1003.03 Maximum class size. — 1219
(6) COURSES FOR COMPLIANCE. —Consistent with s. 1003.01(7) 1220
s. 1003.01(5), the Department of Education shall identify from 1221
the Course Code Directory the core -curricula courses for the 1222
purpose of satisfyin g the maximum class size requirement in this 1223
section. The department may adopt rules to implement this 1224
subsection, if necessary. 1225
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Section 26. Subsection (4) of section 1003.21, Florida 1226
Statutes, is amended to read: 1227
1003.21 School attendance. — 1228
(4) Before admitting a child to kindergarten, the 1229
principal shall require evidence that the child has attained the 1230
age at which he or she should be admitted in accordance with the 1231
provisions of subparagraph (1)(a)2. The district school 1232
superintendent may require evidence of the age of any child who 1233
is being enrolled in public school and who the district school 1234
superintendent believes to be within the limits of compulsory 1235
attendance as provided for by law; however, the district school 1236
superintendent may not requir e evidence from any child who meets 1237
regular attendance requirements by attending a school or program 1238
listed in s. 1003.01(18)(b)-(e) s. 1003.01(16)(b)-(e). If the 1239
first prescribed evidence is not available, the next evidence 1240
obtainable in the order set for th below shall be accepted: 1241
(a) A duly attested transcript of the child's birth record 1242
filed according to law with a public officer charged with the 1243
duty of recording births; 1244
(b) A duly attested transcript of a certificate of baptism 1245
showing the date of birth and place of baptism of the child, 1246
accompanied by an affidavit sworn to by the parent; 1247
(c) An insurance policy on the child's life that has been 1248
in force for at least 2 years; 1249
(d) A bona fide contemporary religious record of the 1250
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child's birth accompanied by an affidavit sworn to by the 1251
parent; 1252
(e) A passport or certificate of arrival in the United 1253
States showing the age of the child; 1254
(f) A transcript of record of age shown in the child's 1255
school record of at least 4 years prior to application , stating 1256
date of birth; or 1257
(g) If none of these evidences can be produced, an 1258
affidavit of age sworn to by the parent, accompanied by a 1259
certificate of age signed by a public health officer or by a 1260
public school physician, or, if these are not available in the 1261
county, by a licensed practicing physician designated by the 1262
district school board, which states that the health officer or 1263
physician has examined the child and believes that the age as 1264
stated in the affidavit is substantially correct. Children and 1265
youths who are experiencing homelessness and children who are 1266
known to the department, as defined in s. 39.0016, shall be 1267
given temporary exemption from this section for 30 school days. 1268
Section 27. Paragraph (f) of subsection (1) of section 1269
1003.26, Florida Statutes, is amended to read: 1270
1003.26 Enforcement of school attendance. —The Legislature 1271
finds that poor academic performance is associated with 1272
nonattendance and that school districts must take an active role 1273
in promoting and enforcing attendance a s a means of improving 1274
student performance. It is the policy of the state that each 1275
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district school superintendent be responsible for enforcing 1276
school attendance of all students subject to the compulsory 1277
school age in the school district and supporting enf orcement of 1278
school attendance by local law enforcement agencies. The 1279
responsibility includes recommending policies and procedures to 1280
the district school board that require public schools to respond 1281
in a timely manner to every unexcused absence, and every a bsence 1282
for which the reason is unknown, of students enrolled in the 1283
schools. District school board policies shall require the parent 1284
of a student to justify each absence of the student, and that 1285
justification will be evaluated based on adopted district sch ool 1286
board policies that define excused and unexcused absences. The 1287
policies must provide that public schools track excused and 1288
unexcused absences and contact the home in the case of an 1289
unexcused absence from school, or an absence from school for 1290
which the reason is unknown, to prevent the development of 1291
patterns of nonattendance. The Legislature finds that early 1292
intervention in school attendance is the most effective way of 1293
producing good attendance habits that will lead to improved 1294
student learning and ach ievement. Each public school shall 1295
implement the following steps to promote and enforce regular 1296
school attendance: 1297
(1) CONTACT, REFER, AND ENFORCE. — 1298
(f)1. If the parent of a child who has been identified as 1299
exhibiting a pattern of nonattendance enrolls the child in a 1300
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home education program pursuant to chapter 1002, the district 1301
school superintendent shall provide the parent a copy of s. 1302
1002.41 and the accountability requirements of this paragraph. 1303
The district school superintendent shall also refer the parent 1304
to a home education review committee composed of the district 1305
contact for home education programs and at least two home 1306
educators selected by the parent from a district list of all 1307
home educators who have conducted a home education program for 1308
at least 3 years and who have indicated a willingness to serve 1309
on the committee. The home education review committee shall 1310
review the portfolio of the student, as defined by s. 1002.41, 1311
every 30 days during the district's regular school terms until 1312
the committee is satisfied that the home education program is in 1313
compliance with s. 1002.41(1)(d). The first portfolio review 1314
must occur within the first 30 calendar days of the 1315
establishment of the program. The provisions of subparagraph 2. 1316
do not apply once the com mittee determines the home education 1317
program is in compliance with s. 1002.41(1)(d). 1318
2. If the parent fails to provide a portfolio to the 1319
committee, the committee shall notify the district school 1320
superintendent. The district school superintendent shall t hen 1321
terminate the home education program and require the parent to 1322
enroll the child in an attendance option that meets the 1323
definition of "regular school attendance" under s. 1324
1003.01(18)(a), (b), (c), or (e) s. 1003.01(16)(a), (b), (c), or 1325
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(e), within 3 days. Upon termination of a home education program 1326
pursuant to this subparagraph, the parent shall not be eligible 1327
to reenroll the child in a home education program for 180 1328
calendar days. Failure of a parent to enroll the child in an 1329
attendance option as req uired by this subparagraph after 1330
termination of the home education program pursuant to this 1331
subparagraph shall constitute noncompliance with the compulsory 1332
attendance requirements of s. 1003.21 and may result in criminal 1333
prosecution under s. 1003.27(2). No thing contained herein shall 1334
restrict the ability of the district school superintendent, or 1335
the ability of his or her designee, to review the portfolio 1336
pursuant to s. 1002.41(1)(e). 1337
Section 28. Subsection (4) of section 1003.52, Florida 1338
Statutes, is amended to read: 1339
1003.52 Educational services in Department of Juvenile 1340
Justice programs.— 1341
(4) Educational services shall be provided at times of the 1342
day most appropriate for the juvenile justice program. School 1343
programming in juvenile justice detention, prevention, day 1344
treatment, and residential programs shall be made available by 1345
the local school district during the juvenile justice school 1346
year, as provided in s. 1003.01(16) s. 1003.01(14). In addition, 1347
students in juvenile justice education programs sh all have 1348
access to courses offered pursuant to ss. 1002.37, 1002.45, and 1349
1003.498. The Department of Education and the school districts 1350
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shall adopt policies necessary to provide such access. 1351
Section 29. Paragraph (f) of subsection (1) of section 1352
1003.573, Florida Statutes, is amended to read: 1353
1003.573 Seclusion and restraint of students with 1354
disabilities in public schools. — 1355
(1) DEFINITIONS.—As used in this section, the term: 1356
(f) "Student" means a child with an individual education 1357
plan enrolled in grades kindergarten through 12 in a school, as 1358
defined in s. 1003.01 s. 1003.01(17), or the Florida School for 1359
the Deaf and Blind. The term does not include students in 1360
prekindergarten, students who reside in residential care 1361
facilities under s. 100 3.58, or students participating in a 1362
Department of Juvenile Justice education program under s. 1363
1003.52. 1364
Section 30. Section 1003.575, Florida Statutes, is amended 1365
to read: 1366
1003.575 Assistive technology devices; findings; 1367
interagency agreements. —Accessibility, utilization, and 1368
coordination of appropriate assistive technology devices and 1369
services are essential as a young person with disabilities moves 1370
from early intervention to preschool, from preschool to school, 1371
from one school to another, from school to employment or 1372
independent living, and from school to home and community. If an 1373
individual education plan team makes a recommendation in 1374
accordance with State Board of Education rule for a student with 1375
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a disability, as defined in s. 1003.01 s. 1003.01(9), to receive 1376
an assistive technology assessment, that assessment must be 1377
completed within 60 school days after the team's recommendation. 1378
To ensure that an assistive technology device issued to a young 1379
person as part of his or her individualized family su pport plan, 1380
individual support plan, individualized plan for employment, or 1381
individual education plan remains with the individual through 1382
such transitions, the following agencies shall enter into 1383
interagency agreements, as appropriate, to ensure the 1384
transaction of assistive technology devices: 1385
(1) The Early Steps Program in the Division of Children's 1386
Medical Services of the Department of Health. 1387
(2) The Division of Blind Services, the Bureau of 1388
Exceptional Education and Student Services, the Office of 1389
Independent Education and Parental Choice, and the Division of 1390
Vocational Rehabilitation of the Department of Education. 1391
(3) The Voluntary Prekindergarten Education Program 1392
administered by the Department of Education and the Office of 1393
Early Learning. 1394
1395
Interagency agreements entered into pursuant to this section 1396
shall provide a framework for ensuring that young persons with 1397
disabilities and their families, educators, and employers are 1398
informed about the utilization and coordination of assistive 1399
technology devices and services that may assist in meeting 1400
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transition needs, and shall establish a mechanism by which a 1401
young person or his or her parent may request that an assistive 1402
technology device remain with the young person as he or she 1403
moves through the contin uum from home to school to postschool. 1404
Section 31. Paragraph (c) of subsection (1) of section 1405
1006.0626, Florida Statutes, is amended to read: 1406
1006.0626 Care of students with epilepsy or seizure 1407
disorders.— 1408
(1) As used in this section, the term: 1409
(c) "School" has the same meaning as in s. 1003.01 s. 1410
1003.01(17). 1411
Section 32. Paragraph (d) of subsection (2) of section 1412
1006.07, Florida Statutes, is amended to read: 1413
1006.07 District school board duties relating to student 1414
discipline and school sa fety.—The district school board shall 1415
provide for the proper accounting for all students, for the 1416
attendance and control of students at school, and for proper 1417
attention to health, safety, and other matters relating to the 1418
welfare of students, including: 1419
(2) CODE OF STUDENT CONDUCT. —Adopt a code of student 1420
conduct for elementary schools and a code of student conduct for 1421
middle and high schools and distribute the appropriate code to 1422
all teachers, school personnel, students, and parents, at the 1423
beginning of every school year. Each code shall be organized and 1424
written in language that is understandable to students and 1425
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parents and shall be discussed at the beginning of every school 1426
year in student classes, school advisory council meetings, and 1427
parent and teacher association or organization meetings. Each 1428
code shall be based on the rules governing student conduct and 1429
discipline adopted by the district school board and shall be 1430
made available in the student handbook or similar publication. 1431
Each code shall include, but is not limited to: 1432
(d)1. An explanation of the responsibilities of each 1433
student with regard to appropriate dress, respect for self and 1434
others, and the role that appropriate dress and respect for self 1435
and others has on an orderly learning environment. Each district 1436
school board shall adopt a dress code policy that prohibits a 1437
student, while on the grounds of a public school during the 1438
regular school day, from wearing clothing that exposes underwear 1439
or body parts in an indecent or vulgar manner or that disrupts 1440
the orderly learning environment. 1441
2. Any student who violates the dress policy described in 1442
subparagraph 1. is subject to the following disciplinary 1443
actions: 1444
a. For a first offense, a student shall be given a verbal 1445
warning and the school prin cipal shall call the student's parent 1446
or guardian. 1447
b. For a second offense, the student is ineligible to 1448
participate in any extracurricular activity for a period of time 1449
not to exceed 5 days and the school principal shall meet with 1450
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the student's parent o r guardian. 1451
c. For a third or subsequent offense, a student shall 1452
receive an in-school suspension pursuant to s. 1003.01(15) s. 1453
1003.01(13) for a period not to exceed 3 days, the student is 1454
ineligible to participate in any extracurricular activity for a 1455
period not to exceed 30 days, and the school principal shall 1456
call the student's parent or guardian and send the parent or 1457
guardian a written letter regarding the student's in -school 1458
suspension and ineligibility to participate in extracurricular 1459
activities. 1460
Section 33. Subsection (5) of section 1008.24, Florida 1461
Statutes, is amended to read: 1462
1008.24 Test administration and security; public records 1463
exemption.— 1464
(5) Exceptional students with disabilities, as defined in 1465
s. 1003.01 s. 1003.01(9), shall have access to testing sites. 1466
The Department of Education and each school district shall adopt 1467
policies that are necessary to ensure such access. 1468
Section 34. Paragraph (c) of subsection (6) of section 1469
1012.2315, Florida Statutes, is amended to read: 1470
1012.2315 Assignment of teachers. — 1471
(6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE 1472
EVALUATIONS.— 1473
(c) For a student enrolling in an extracurricular course 1474
as defined in s. 1003.01 s. 1003.01(11), a parent may choose to 1475
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have the student taught by a teacher who received a performance 1476
evaluation of "needs improvement" or "unsatisfactory" in the 1477
preceding school year if the student and the student's parent 1478
receive an explanation of the impact of teacher effectiveness on 1479
student learning and the principa l receives written consent from 1480
the parent. 1481
Section 35. This act shall take effect July 1, 2024. 1482