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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. 1002.45, 2
F.S.; providing approved virtual instruction program 3
provider, virtual charter school, and school district 4
responsibilities relating to statewide assessments and 5
progress monitoring for certain students; c reating s. 6
1003.052, F.S.; establishing the Purple Star School 7
District Program; providing requirements for such 8
program; authorizing the Department of Education to 9
establish additional program criteria; authorizing the 10
State Board of Education to adopt ru les; amending s. 11
1003.451, F.S.; requiring school districts and charter 12
schools to provide certain students with an 13
opportunity to take the Armed Services Vocational 14
Aptitude Battery Test and consult with a military 15
recruiter; providing requirements for th e scheduling 16
of such test; amending s. 1003.53, F.S.; revising 17
requirements for the assignment of students to 18
disciplinary programs and alternative school settings 19
or other programs; deleting provisions relating to 20
second chance schools; revising requireme nts for 21
dropout prevention and academic intervention programs; 22
requiring such programs to include academic 23
intervention plans for students; providing 24
requirements for such plans; providing that specified 25
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provisions apply to all dropout prevention and 26
academic intervention programs; requiring school 27
principals or their designees to make a reasonable 28
effort to notify parents by specified means and to 29
document such effort; amending s. 1006.38, F.S.; 30
requiring instructional materials publishers and 31
manufacturers or their representatives to make sample 32
copies of specified instructional materials available 33
electronically for use by certain institutes for 34
specified purpose; amending s. 1007.25, F.S.; creating 35
associate in arts specialized transfer degrees; 36
providing requirements for such degrees; providing a 37
process for the approval of such degree programs; 38
providing for rulemaking; amending s. 1008.33, F.S.; 39
revising the date by which a memorandum of 40
understanding relating to schools in turnaround status 41
must be provided to the department; revising 42
requirements for district -managed turnaround plans; 43
providing requirements for turnaround schools that 44
close and reopen as charter schools and school 45
districts in which such schools reside; providing that 46
specified provisions do not apply to certain 47
turnaround schools; requiring the State Board of 48
Education to adopt rules for a charter school 49
turnaround contract and specified leases and 50
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agreements; amending s. 1012.79, F.S.; authorizing the 51
Commissioner of Education to app oint an executive 52
director of the Education Practices Commission; 53
revising the purpose of the commission; authorizing 54
the commission to expend funds for legal services; 55
repealing s. 1012.86, F.S., relating to the Florida 56
College System institution employme nt equity 57
accountability program; amending ss. 948.037, 1001.64, 58
1001.65, 1006.07, 1006.09, and 1006.13, F.S.; 59
conforming provisions to changes made by the act; 60
providing an effective date. 61
62
Be It Enacted by the Legislature of the State of Florida: 63
64
Section 1. Paragraph (b) of subsection (5) of section 65
1002.45, Florida Statutes, is amended to read: 66
1002.45 Virtual instruction programs. — 67
(5) STUDENT PARTICIPATION REQUIREMENTS. —Each student 68
enrolled in the school district's virtual instruction pro gram 69
authorized pursuant to paragraph (1)(c) must: 70
(b) Take statewide assessments pursuant to s. 1008.22 and 71
participate in the coordinated screening and progress monitoring 72
system under s. 1008.25(9). Statewide assessments and progress 73
monitoring may be administered within the school district in 74
which such student resides , or as specified in the contract 75
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under in accordance with s. 1008.24(3). If requested by the 76
approved virtual instruction program provider or virtual charter 77
school, the district of res idence must provide the student with 78
access to the district's testing facilities. It is the 79
responsibility of the approved virtual instruction program 80
provider or virtual charter school to provide a list of students 81
to be administered statewide assessments and progress monitoring 82
to the school district, including the students' names, Florida 83
Education Identifiers, grade levels, assessments and progress 84
monitoring to be administered, and contact information. Unless 85
an alternative testing site is mutually ag reed to by the 86
approved virtual instruction program provider or virtual charter 87
school and the school district, or as specified in the contract 88
under s. 1008.24, all assessments and progress monitoring must 89
be taken at the school to which the student woul d be assigned 90
according to district school board attendance policies. A school 91
district must provide the student with access to the school's or 92
district's testing facilities and provide the student with the 93
date and time of the administration of each asses sment and 94
progress monitoring. 95
Section 2. Section 1003.052, Florida Statutes, is created 96
to read: 97
1003.052 The Purple Star School District Program. — 98
(1)(a) The Department of Education shall establish the 99
Purple Star School District Program. At a mi nimum, the program 100
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must require a participating school district to: 101
1. Have at least 75 percent of the schools within the 102
district be designated as Purple Star Campuses under s. 103
1003.051. 104
2. Maintain a web page on the district's website which 105
includes resources for military students and their families and 106
a link to each Purple Star Campus's web page that meets the 107
requirements of s. 1003.051(2)(a)2. 108
(b) The department may establish additional program 109
criteria to identify school districts that demonstr ate a 110
commitment to or provide critical coordination of services for 111
military students and their families, including, but not limited 112
to, establishing a council consisting of a representative from 113
each Purple Star Campus in the district and one district -level 114
representative to ensure the alignment of military student -115
focused policies and procedures within the district. 116
(2) The State Board of Education may adopt rules to 117
administer this section. 118
Section 3. Subsection (4) of section 1003.451, Florida 119
Statutes, is renumbered as subsection (5), and a new subsection 120
(4) is added to that section to read: 121
1003.451 Junior Reserve Officers' Training Corps; military 122
recruiters; access to public school campuses ; Armed Services 123
Vocational Aptitude Battery Test (ASVAB).— 124
(4) Each school district and charter school shall provide 125
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students in grades 11 and 12 an opportunity to take the Armed 126
Services Vocational Aptitude Battery Test (ASVAB) and consult 127
with a military recruiter if the student selects. To optimize 128
student participation, the ASVAB must be scheduled during normal 129
school hours. 130
Section 4. Section 1003.53, Florida Statutes, is amended 131
to read: 132
1003.53 Dropout prevention and academic intervention. — 133
(1)(a) Dropout prevention and academic intervent ion 134
programs may differ from traditional educational programs and 135
schools in scheduling, administrative structure, philosophy, 136
curriculum, or setting and shall employ alternative teaching 137
methodologies, curricula, learning activities, and diagnostic 138
and assessment procedures in order to meet the needs, interests, 139
abilities, and talents of eligible students. The educational 140
program shall provide curricula, character development and law 141
education, and related services that support the program goals 142
and lead to improved performance in the areas of academic 143
achievement, attendance, and discipline. Student participation 144
in such programs shall be voluntary. District school boards may, 145
however, assign students to a disciplinary program for 146
disruptive students or an alternative school setting or other 147
program pursuant to s. 1006.13 . Notwithstanding any other 148
provision of law to the contrary, no student shall be identified 149
as being eligible to receive services funded through the dropout 150
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prevention and academic interve ntion program based solely on the 151
student being from a single -parent family or having a 152
disability. 153
(b) Students in grades 1 -12 shall be eligible for dropout 154
prevention and academic intervention programs. Eligible students 155
shall be reported in the approp riate basic cost factor in the 156
Florida Education Finance Program. The strategies and supports 157
provided to eligible students shall be funded through the 158
General Appropriations Act and may include, but are not limited 159
to, those services identified on the stu dent's academic 160
intervention plan. 161
(c) A student shall be identified as being eligible to 162
receive services funded through the dropout prevention and 163
academic intervention program based upon one of the following 164
criteria: 165
1. The student is academically unsuccessful as evidenced 166
by low test scores, retention, failing grades, low grade point 167
average, falling behind in earning credits, or not meeting the 168
state or district achievement levels in reading, mathematics, or 169
writing. 170
2. The student has a pattern of excessive absenteeism or 171
has been identified as a habitual truant. 172
3. The student has a history of disruptive behavior in 173
school or has committed an offense that warrants out -of-school 174
suspension or expulsion from school according to the district 175
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school board's code of student conduct. For the purposes of this 176
program, "disruptive behavior" is behavior that: 177
a. Interferes with the student's own learning or the 178
educational process of others and requires attention and 179
assistance beyond that which the traditional program can provide 180
or results in frequent conflicts of a disruptive nature while 181
the student is under the jurisdiction of the school either in or 182
out of the classroom; or 183
b. Severely threatens the general welfare of students or 184
others with whom the student comes into contact. 185
4. The student is identified by a school's early warning 186
system pursuant to s. 1001.42(18)(b). 187
(d)1. "Second chance schools" means district school board 188
programs provided through cooperative agreements between the 189
Department of Juvenile Justice, private providers, state or 190
local law enforcement agencies, or other state agencies for 191
students who have been disruptive or violent or who have 192
committed serious offenses. As partnership programs, second 193
chance schools are el igible for waivers by the Commissioner of 194
Education from State Board of Education rules that prevent the 195
provision of appropriate educational services to violent, 196
severely disruptive, or delinquent students in small 197
nontraditional settings or in court -adjudicated settings. 198
2. District school boards seeking to enter into a 199
partnership with a private entity or public entity to operate a 200
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second chance school for disruptive students may apply to the 201
Department of Education for startup grants. These grants mus t be 202
available for 1 year and must be used to offset the startup 203
costs for implementing such programs off public school campuses. 204
General operating funds must be generated through the 205
appropriate programs of the Florida Education Finance Program. 206
Grants approved under this program shall be for the full 207
operation of the school by a private nonprofit or for -profit 208
provider or the public entity. This program must operate under 209
rules adopted by the State Board of Education and be implemented 210
to the extent funded by the Legislature. 211
3. A student enrolled in a sixth, seventh, eighth, ninth, 212
or tenth grade class may be assigned to a second chance school 213
if the student meets the following criteria: 214
a. The student is a habitual truant as defined in s. 215
1003.01. 216
b. The student's excessive absences have detrimentally 217
affected the student's academic progress and the student may 218
have unique needs that a traditional school setting may not 219
meet. 220
c. The student's high incidences of truancy have been 221
directly linked to a lack of motivation. 222
d. The student has been identified as at risk of dropping 223
out of school. 224
4. A student who is habitually truant may be assigned to a 225
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second chance school only if the case staffing committee, 226
established pursuant to s. 984.12, dete rmines that such 227
placement could be beneficial to the student and the criteria 228
included in subparagraph 3. are met. 229
5. A student may be assigned to a second chance school if 230
the district school board in which the student resides has a 231
second chance school and if the student meets one of the 232
following criteria: 233
a. The student habitually exhibits disruptive behavior in 234
violation of the code of student conduct adopted by the district 235
school board. 236
b. The student interferes with the student's own learning 237
or the educational process of others and requires attention and 238
assistance beyond that which the traditional program can 239
provide, or, while the student is under the jurisdiction of the 240
school either in or out of the classroom, frequent conflicts of 241
a disruptive nature occur. 242
c. The student has committed a serious offense which 243
warrants suspension or expulsion from school according to the 244
district school board's code of student conduct. For the 245
purposes of this program, "serious offense" is behavior which : 246
(I) Threatens the general welfare of students or others 247
with whom the student comes into contact; 248
(II) Includes violence; 249
(III) Includes possession of weapons or drugs; or 250
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(IV) Is harassment or verbal abuse of school personnel or 251
other students. 252
6. Prior to assignment of students to second chance 253
schools, district school boards are encouraged to use 254
alternative programs, such as in -school suspension, which 255
provide instruction and counseling leading to improved student 256
behavior, a reduction in th e incidence of truancy, and the 257
development of more effective interpersonal skills. 258
7. Students assigned to second chance schools must be 259
evaluated by the district school board's child study team before 260
placement in a second chance school. The study team shall ensure 261
that students are not eligible for placement in a program for 262
emotionally disturbed children. 263
8. Students who exhibit academic and social progress and 264
who wish to return to a traditional school shall complete a 265
character development and law education program and demonstrate 266
preparedness to reenter the regular school setting prior to 267
reentering a traditional school. 268
(2)(a) Each district school board may establish dropout 269
prevention and academic intervention programs at the elementary, 270
middle, junior high school, or high school level. Programs 271
designed to eliminate patterns of excessive absenteeism or 272
habitual truancy shall emphasize academic performance and may 273
provide specific instruction in the areas of career education, 274
preemployment training, and behavioral management. Such programs 275
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shall utilize instructional teaching methods and student 276
services that lead to improved student behavior as appropriate 277
to the specific needs of the student. 278
(b) Each school that establishes a dropout preven tion and 279
academic intervention program at that school site shall reflect 280
that program in the school improvement plan as required under s. 281
1001.42(18). 282
(c) For each student enrolled in a dropout prevention and 283
academic intervention program, an academic in tervention plan 284
shall be developed to address eligibility for placement in the 285
program and to provide individualized student goals and progress 286
monitoring procedures. A student's academic intervention plan 287
must be consistent with the student's individual e ducation plan 288
(IEP). 289
(3) Each district school board providing receiving state 290
funding for dropout prevention and academic intervention 291
programs through the General Appropriations Act shall submit 292
information through an annual report to the Department of 293
Education's database documenting the extent to which each of the 294
district's dropout prevention and academic intervention programs 295
has been successful in the areas of graduation rate, dropout 296
rate, attendance rate, and retention/promotion rate. The 297
department shall compile this information into an annual report 298
which shall be submitted to the presiding officers of the 299
Legislature by February 15. 300
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(4) Each district school board shall establish course 301
standards, as defined by rule of the State Board of Educat ion, 302
for dropout prevention and academic intervention programs and 303
procedures for ensuring that teachers assigned to the programs 304
are certified pursuant to s. 1012.55 and possess the affective, 305
pedagogical, and content -related skills necessary to meet the 306
needs of these students. 307
(5) Each district school board providing a dropout 308
prevention and academic intervention program pursuant to this 309
section shall maintain for each participating student records 310
documenting the student's eligibility, the length of 311
participation, the type of program to which the student was 312
assigned or the type of academic intervention services provided, 313
and an evaluation of the student's academic and behavioral 314
performance while in the program. Before The school principal or 315
his or her designee shall, prior to placement in a dropout 316
prevention and academic intervention program or the provision of 317
an academic service, the school principal or his or her designee 318
shall provide written notice of placement or services by 319
certified mail, return receipt requested, to the student's 320
parent; shall make a reasonable effort to notify the student's 321
parent by telephone or e -mail, or both; and must document such 322
effort. The parent of the student shall sign an acknowledgment 323
of the notice of placement or service and return the signed 324
acknowledgment to the principal within 3 days after receipt of 325
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the notice. The parents of a student assigned to such a dropout 326
prevention and academic intervention program shall be notified 327
in writing and entitled to an ad ministrative review of any 328
action by school personnel relating to such placement pursuant 329
to the provisions of chapter 120. 330
(6) District school board dropout prevention and academic 331
intervention programs shall be coordinated with social service, 332
law enforcement, prosecutorial, and juvenile justice agencies 333
and juvenile assessment centers in the school district. 334
Notwithstanding the provisions of s. 1002.22, these agencies are 335
authorized to exchange information contained in student records 336
and juvenile justice records. Such information is confidential 337
and exempt from the provisions of s. 119.07(1). District school 338
boards and other agencies receiving such information shall use 339
the information only for official purposes connected with the 340
certification of stud ents for admission to and for the 341
administration of the dropout prevention and academic 342
intervention program, and shall maintain the confidentiality of 343
such information unless otherwise provided by law or rule. 344
(7) The State Board of Education shall have the authority 345
pursuant to ss. 120.536(1) and 120.54 to adopt rules necessary 346
to implement the provisions of this section; such rules shall 347
require the minimum amount of necessary paperwork and reporting. 348
Section 5. Subsections (3) through (16) of sect ion 349
1006.38, Florida Statutes, are renumbered as subsections (4) 350
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through (17), respectively, present subsections (14) and (16) 351
are amended, and a new subsection (3) is added to that section, 352
to read: 353
1006.38 Duties, responsibilities, and requirements of 354
instructional materials publishers and manufacturers. —This 355
section applies to both the state and district approval 356
processes. Publishers and manufacturers of instructional 357
materials, or their representatives, shall: 358
(3) For each adoption cycle, make sam ple copies of all 359
instructional materials on the commissioner's list of state -360
adopted instructional materials available electronically for use 361
by educator preparation institutes as defined in s. 1004.85(1) 362
to enable educators to practice teaching with curr ently adopted 363
instructional materials aligned to state academic standards. 364
(15)(14) Accurately and fully disclose only the names of 365
those persons who actually authored the instructional materials. 366
In addition to the penalties provided in subsection (17) (16), 367
the commissioner may remove from the list of state -adopted 368
instructional materials those instructional materials whose 369
publisher or manufacturer misleads the purchaser by falsely 370
representing genuine authorship. 371
(17)(16) Upon the willful failure of the publisher or 372
manufacturer to comply with the requirements of this section, be 373
liable to the department in the amount of three times the total 374
sum which the publisher or manufacturer was paid in excess of 375
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the price required under subsections (6) (5) and (7) (6) and in 376
the amount of three times the total value of the instructional 377
materials and services which the district school board is 378
entitled to receive free of charge under subsection (8) (7). 379
Section 6. Subsections (9) and (12) of section 1007.2 5, 380
Florida Statutes, are amended to read: 381
1007.25 General education courses; common prerequisites; 382
other degree requirements. — 383
(9)(a) An associate in arts degree must shall require no 384
more than 60 semester hours of college credit and include 36 385
semester hours of general education coursework. Beginning with 386
students initially entering a Florida College System institution 387
or state university in the 2014-2015 academic year and 388
thereafter, coursework for an associate in arts degree must 389
shall include demonstration of competency in a foreign language 390
pursuant to s. 1007.262. Except for developmental education 391
required pursuant to s. 1008.30, all required coursework must 392
shall count toward the associate in arts degree or the 393
baccalaureate degree. 394
(b) An associate in arts specialized transfer degree must 395
include 36 semester hours of general education coursework and 396
require 60 semester hours or more of college credit. Specialized 397
transfer degrees are designed for Florida College System 398
institution students who need supplemental lower -level 399
coursework in preparation for transfer to another institution. 400
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The State Board of Education shall establish criteria for the 401
review and approval of new specialized transfer degrees. The 402
approval process must require: 403
1. A Florida College System institution to submit a notice 404
of its intent to propose a new associate in arts specialized 405
degree program to the Division of Florida Colleges. The notice 406
must include the recommended credit hours, the rationale for the 407
specialization, the demand for students entering the field, and 408
the coursework being proposed to be included beyond the 60 409
semester hours required for the general transfer degree, if 410
applicable. Notices of intent may be submitted by a Florida 411
College System institution a t any time. 412
2. The Division of Florida Colleges to forward the notice 413
of intent within 10 business days after receipt to all Florida 414
College System institutions and the Chancellor of the State 415
University System, who shall forward the notice to all state 416
universities. State universities and Florida College System 417
institutions shall have 60 days after receipt of the notice to 418
submit comments to the proposed associate in arts specialized 419
transfer degree. 420
3. After the submission of comments pursuant to 421
subparagraph 2., the requesting Florida College System 422
institution to submit a proposal that, at a minimum, includes: 423
a. Evidence that the coursework for the associate in arts 424
specialized transfer degree includes demonstration of competency 425
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in a foreign language pursuant to s. 1007.262 and demonstration 426
of civic literacy competency as provided in subsection (5). 427
b. Demonstration that all required coursework will count 428
toward the associate in arts degree or the baccalaureate degree. 429
c. An analysis of demand and unmet need for students 430
entering the specialized field of study at the baccalaureate 431
level. 432
d. Justification for the program length if it exceeds 60 433
credit hours, including references to the common prerequisite 434
manual or other requirements for the baccalaureate degree. This 435
includes documentation of alignment between the exit 436
requirements of a Florida College System institution and the 437
admissions requirements of a baccalaureate program at a state 438
university to which students would typically tra nsfer. 439
e. Articulation agreements for graduates of the associate 440
in arts specialized transfer degree. 441
f. Responses to the comments received under subparagraph 442
2. 443
(c) The Division of Florida Colleges shall review the 444
proposal and, within 30 days after receipt, shall provide 445
written notification to the Florida College System institution 446
of any deficiencies and provide the institution with an 447
opportunity to correct t he deficiencies. Within 45 days after 448
receipt of a completed proposal by the Division of Florida 449
Colleges, the Commissioner of Education shall recommend approval 450
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or disapproval of the new specialized transfer degree to the 451
State Board of Education. The Sta te Board of Education shall 452
consider the recommendation at its next meeting. 453
(d) Upon approval of an associate in arts specialized 454
transfer degree by the State Board of Education, a Florida 455
College System institution may offer the degree and shall report 456
data on student and program performance in a manner prescribed 457
by the Department of Education. 458
(e) The State Board of Education shall adopt rules 459
pursuant to ss. 120.536(1) and 120.54 to prescribe format and 460
content requirements and submission procedure s for notices of 461
intent, proposals, and compliance reviews under this subsection. 462
(12) A student who received an associate in arts degree 463
for successfully completing 60 semester credit hours may 464
continue to earn additional credits at a Florida College Sy stem 465
institution. The university must provide credit toward the 466
student's baccalaureate degree for an additional Florida College 467
System institution course if, according to the statewide course 468
numbering, the Florida College System institution course is a 469
course listed in the university catalog as required for the 470
degree or as prerequisite to a course required for the degree. 471
Of the courses required for the degree, at least half of the 472
credit hours required for the degree must shall be achievable 473
through courses designated as lower division, except in degree 474
programs approved by the State Board of Education for programs 475
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offered by Florida College System institutions and by the Board 476
of Governors for programs offered by state universities. 477
Section 7. Subsections (4) and (5) of section 1008.33, 478
Florida Statutes, are amended to read: 479
1008.33 Authority to enforce public school improvement. — 480
(4)(a) The state board shall apply intensive intervention 481
and support strategies tailored to the needs of schools ear ning 482
two consecutive grades of "D" or a grade of "F." In the first 483
full school year after a school initially earns a grade of "D," 484
the school district must immediately implement intervention and 485
support strategies prescribed in rule under paragraph (3)(c). 486
For a school that initially earns a grade of "F" or a second 487
consecutive grade of "D," the school district must either 488
continue implementing or immediately begin implementing 489
intervention and support strategies prescribed in rule under 490
paragraph (3)(c) and provide the department, by August September 491
1, with the memorandum of understanding negotiated pursuant to 492
s. 1001.42(21) and, by October 1, a district-managed turnaround 493
plan for approval by the state board. The plan must include 494
measurable academic be nchmarks that put the school on a path to 495
earning and maintaining a grade of "C" or higher The district-496
managed turnaround plan may include a proposal for the district 497
to implement an extended school day, a summer program, a 498
combination of an extended scho ol day and a summer program, or 499
any other option authorized under paragraph (b) for state board 500
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approval. A school district is not required to wait until a 501
school earns a second consecutive grade of "D" to submit a 502
turnaround plan for approval by the state board under this 503
paragraph. Upon approval by the state board, the school district 504
must implement the plan for the remainder of the school year and 505
continue the plan for 1 full school year. The state board may 506
allow a school an additional year of implement ation before the 507
school must implement a turnaround option required under 508
paragraph (b) if it determines that the school is likely to 509
improve to a grade of "C" or higher after the first full school 510
year of implementation. 511
(b) Unless an additional year of implementation is 512
provided pursuant to paragraph (a), a school that completes a 513
plan cycle under paragraph (a) and does not improve to a grade 514
of "C" or higher must implement one of the following : 515
1. Reassign students to another school and monitor the 516
progress of each reassigned student; 517
2. Close the school and reopen the school as one or more 518
charter schools, each with a governing board that has a 519
demonstrated record of effectiveness . Upon reopening as a 520
charter school: 521
a. The school district shall continue to operate the 522
school for the following school year and no later than October 1 523
execute a charter school turnaround contract that will allow the 524
charter school an opportunity to conduct an evaluation of the 525
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educational program and personnel curren tly assigned to the 526
school during the year in preparation for assuming full 527
operational control of the school and facility by July 1. The 528
school district may not reduce or remove resources from the 529
school during this time. 530
b. The charter school operator must provide enrollment 531
preference to students currently attending or who would have 532
otherwise attended or been zoned for the school. The school 533
district shall consult and negotiate with the charter school 534
every 3 years to determine whether realignment of the attendance 535
zone is appropriate to ensure that students residing closest to 536
the school are provided with an enrollment preference. 537
c. The charter school operator must serve the existing 538
grade levels served by the school at its current enrollment or 539
higher, but may, at its discretion, serve additional grade 540
levels. 541
d. The school district may not charge rental or leasing 542
fees for the existing facility or for the property normally 543
inventoried to the school. The school and the school district 544
shall agree to reasonable maintenance provisions in order to 545
maintain the facility in a manner similar to all other school 546
facilities in the school district. 547
e. The school district may not withhold an administrative 548
fee for the provision of services identified in s . 549
1002.33(20)(a); or 550
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3. Contract with an outside entity that has a demonstrated 551
record of effectiveness to provide turnaround services 552
identified in state board rule, which may include school 553
leadership, educational modalities, teacher and leadership 554
professional development, curriculum, operation and management 555
services, school-based administrative staffing, budgeting, 556
scheduling, other educational service provider functions, or any 557
combination thereof. Selection of an outside entity may include 558
one or a combination of the following: 559
a. An external operator, which may be a district -managed 560
charter school or a high -performing charter school network in 561
which all instructional personnel are not employees of the 562
school district, but are employees of an inde pendent governing 563
board composed of members who did not participate in the review 564
or approval of the charter. 565
b. A contractual agreement that allows for a charter 566
school network or any of its affiliated subsidiaries to provide 567
individualized consultancy services tailored to address the 568
identified needs of one or more schools under this section. 569
570
A school district and outside entity under this subparagraph 571
must enter, at minimum, a 2 -year, performance-based contract. 572
The contract must include school perfor mance and growth metrics 573
the outside entity must meet on an annual basis. The state board 574
may require the school district to modify or cancel the 575
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contract. 576
(c) Implementation of the turnaround option is no longer 577
required if the school improves to a grad e of "C" or higher, 578
unless the school district has already executed a charter school 579
turnaround contract pursuant to this section . 580
(d) If a school earning two consecutive grades of "D" or a 581
grade of "F" does not improve to a grade of "C" or higher after 582
2 school years of implementing the turnaround option selected by 583
the school district under paragraph (b), the school district 584
must implement another turnaround option. Implementation of the 585
turnaround option must begin the school year following the 586
implementation period of the existing turnaround option, unless 587
the state board determines that the school is likely to improve 588
to a grade of "C" or higher if additional time is provided to 589
implement the existing turnaround option. 590
(5) The state board shall ado pt rules pursuant to ss. 591
120.536(1) and 120.54 to administer this section. The rules 592
shall include timelines for submission of implementation plans, 593
approval criteria for implementation plans, and timelines for 594
implementing intervention and support strateg ies, a standard 595
charter school turnaround contract, a standard facility lease, 596
and a mutual management agreement . The state board shall consult 597
with education stakeholders in developing the rules. 598
Section 8. Subsection (5), paragraph (a) of subsection 599
(6), and subsection (9) of section 1012.79, Florida Statutes, 600
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are amended to read: 601
1012.79 Education Practices Commission; organization. — 602
(5) The Commissioner of Education may, at his or her 603
discretion, appoint and remove commission, by a vote of three -604
fourths of the membership, shall employ an executive director, 605
who shall be exempt from career service. The executive director 606
may be dismissed by a majority vote of the membership. 607
(6)(a) The commission shall be assigned to the Department 608
of Education for administrative and fiscal accountability 609
purposes. The commission, in the performance of its powers and 610
duties, may shall not be subject to control, supervision, or 611
direction by the Department of Education. 612
(9) The commission shall make such expendit ures as may be 613
necessary in exercising its authority and powers and carrying 614
out its duties and responsibilities, including expenditures for 615
personal services, legal services general counsel or access to 616
counsel, and rent at the seat of government and elsewhere; for 617
books of reference, periodicals, furniture, equipment, and 618
supplies; and for printing and binding. The expenditures of the 619
commission shall be subject to the powers and duties of the 620
Department of Financial Services as provided in s. 17.03. 621
Section 9. Section 1012.86, Florida Statutes, is repealed. 622
Section 10. Subsections (2) and (3) of section 948.037, 623
Florida Statutes, are amended to read: 624
948.037 Education and learning as a condition of probation 625
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or community control. — 626
(2) A juvenile on community control who is a public school 627
student must attend a public adult education program or a 628
dropout prevention program, pursuant to s. 1003.53, which 629
includes a second chance school or an alternative to expulsion, 630
if the school district where the juvenile is enrolled offers 631
such programs, unless the principal of the school determines 632
that special circumstances warrant continuation in the regular 633
educational school program. 634
(3) If a juvenile on community control attends a regular 635
educational school program because a public adult education 636
program or dropout prevention program , which includes a second 637
chance school or an alternative to expulsion, is not available 638
in the school district, the identity of the juvenile on 639
community control, the nature of the felony offense committed by 640
the juvenile, and the conditions of community control must be 641
made known to each of the student's teachers. 642
Section 11. Subsection (19) of section 1001.64, Florida 643
Statutes, is amended to read: 644
1001.64 Florida College System institution boards of 645
trustees; powers and duties. — 646
(19) Each board of trustees shall appoint, suspend, or 647
remove the president of the Florida College System institution. 648
The board of trustees may appoint a search committee. The board 649
of trustees shall conduct annual evaluations of the president in 650
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accordance with rules of the State Board of Education and submit 651
such evaluations to the State Board of Education for review. The 652
evaluation must address the achievement of the perform ance goals 653
established by the accountability process implemented pursuant 654
to s. 1008.45 and the performance of the president in achieving 655
the annual and long-term goals and objectives established in the 656
Florida College System institution's employment accou ntability 657
program implemented pursuant to s. 1012.86 . 658
Section 12. Subsection (22) of section 1001.65, Florida 659
Statutes, is amended to read: 660
1001.65 Florida College System institution presidents; 661
powers and duties.—The president is the chief executive officer 662
of the Florida College System institution, shall be corporate 663
secretary of the Florida College System institution board of 664
trustees, and is responsible for the operation and 665
administration of the Florida College System institution. Each 666
Florida College System institution president shall: 667
(22) Submit an annual employment accountability plan to 668
the Department of Education pursuant to the provisions of s. 669
1012.86. 670
Section 13. Paragraphs (l) and (m) of subsection (2) of 671
section 1006.07, Florida S tatutes, are amended to read: 672
1006.07 District school board duties relating to student 673
discipline and school safety. —The district school board shall 674
provide for the proper accounting for all students, for the 675
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attendance and control of students at school, and for proper 676
attention to health, safety, and other matters relating to the 677
welfare of students, including: 678
(2) CODE OF STUDENT CONDUCT. —Adopt a code of student 679
conduct for elementary schools and a code of student conduct for 680
middle and high schools a nd distribute the appropriate code to 681
all teachers, school personnel, students, and parents, at the 682
beginning of every school year. Each code shall be organized and 683
written in language that is understandable to students and 684
parents and shall be discussed a t the beginning of every school 685
year in student classes, school advisory council meetings, and 686
parent and teacher association or organization meetings. Each 687
code shall be based on the rules governing student conduct and 688
discipline adopted by the district s chool board and shall be 689
made available in the student handbook or similar publication. 690
Each code shall include, but is not limited to: 691
(l) Notice that any student who is determined to have 692
brought a firearm or weapon, as defined in chapter 790, to 693
school, to any school function, or onto any school -sponsored 694
transportation, or to have possessed a firearm at school, will 695
be expelled, with or without continuing educational services, 696
from the student's regular school for a period of not less than 697
1 full year and referred to mental health services identified by 698
the school district pursuant to s. 1012.584(4) and the criminal 699
justice or juvenile justice system. District school boards may 700
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assign the student to a disciplinary program or second chance 701
school for the purpose of continuing educational services during 702
the period of expulsion. District school superintendents may 703
consider the 1-year expulsion requirement on a case -by-case 704
basis and request the district school board to modify the 705
requirement by assigning the student to a disciplinary program 706
or second chance school if the request for modification is in 707
writing and it is determined to be in the best interest of the 708
student and the school system. 709
(m) Notice that any student who is determined to have made 710
a threat or false report, as defined by ss. 790.162 and 790.163, 711
respectively, involving school or school personnel's property, 712
school transportation, or a school -sponsored activity will be 713
expelled, with or without continuing educational services, from 714
the student's regular school for a period of not less than 1 715
full year and referred for criminal prosecution and mental 716
health services identified by the school district pursuant to s. 717
1012.584(4) for evaluation or treatment, when appropriate. 718
District school boards may assign the student to a disciplinary 719
program or second chance school for the purpose of continuing 720
educational services during the period of expulsion. District 721
school superintendents may consider the 1 -year expulsion 722
requirement on a case -by-case basis and request the district 723
school board to modify the requirement by assigning the student 724
to a disciplinary program or second chance school if it is 725
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determined to be in the best interest of the student and the 726
school system. 727
Section 14. Paragraph (c) of subsection (1) of section 728
1006.09, Florida Statutes, is amended to read: 729
1006.09 Duties of school principal relating to student 730
discipline and school safety. — 731
(1) 732
(c) The principal or the principal's designee may 733
recommend to the district s chool superintendent the expulsion of 734
any student who has committed a serious breach of conduct, 735
including, but not limited to, willful disobedience, open 736
defiance of authority of a member of his or her staff, violence 737
against persons or property, or any o ther act which 738
substantially disrupts the orderly conduct of the school. A 739
recommendation of expulsion or assignment to a second chance 740
school may also be made for any student found to have 741
intentionally made false accusations that jeopardize the 742
professional reputation, employment, or professional 743
certification of a teacher or other member of the school staff, 744
according to the district school board code of student conduct. 745
Any recommendation of expulsion shall include a detailed report 746
by the principal or the principal's designated representative on 747
the alternative measures taken prior to the recommendation of 748
expulsion. 749
Section 15. Subsection (3) of section 1006.13, Florida 750
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Statutes, is amended to read: 751
1006.13 Policy of zero tolerance for crime and 752
victimization.— 753
(3) Zero-tolerance policies must require students found to 754
have committed one of the following offenses to be expelled, 755
with or without continuing educational services, from the 756
student's regular school for a period of not less than 1 ful l 757
year, and to be referred to the criminal justice or juvenile 758
justice system. 759
(a) Bringing a firearm or weapon, as defined in chapter 760
790, to school, to any school function, or onto any school -761
sponsored transportation or possessing a firearm at school. 762
(b) Making a threat or false report, as defined by ss. 763
790.162 and 790.163, respectively, involving school or school 764
personnel's property, school transportation, or a school -765
sponsored activity. 766
767
District school boards may assign the student to a discipli nary 768
program for the purpose of continuing educational services 769
during the period of expulsion. District school superintendents 770
may consider the 1-year expulsion requirement on a case -by-case 771
basis and request the district school board to modify the 772
requirement by assigning the student to a disciplinary program 773
or second chance school if the request for modification is in 774
writing and it is determined to be in the best interest of the 775
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student and the school system. If a student committing any of 776
the offenses in this subsection is a student who has a 777
disability, the district school board shall comply with 778
applicable State Board of Education rules. 779
Section 16. This act shall take effect July 1, 2024. 780