Florida 2024 2024 Regular Session

Florida House Bill H1285 Analysis / Analysis

Filed 01/23/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1285.CIS 
DATE: 1/23/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 1285    Education 
SPONSOR(S): Canady 
TIED BILLS:  None. IDEN./SIM. BILLS: SB 996 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Choice & Innovation Subcommittee  	Blalock Sleap 
2) Appropriations Committee    
3) Education & Employment Committee   
SUMMARY ANALYSIS 
The bill makes a number of changes to Florida’s K-12 public schools, specifically the bill: 
 requires virtual instruction providers and virtual charter schools to provide a list of students to be 
administered statewide assessments and progress monitoring to the school district, and specifies that 
unless an alternative testing site is mutually agreed upon, all assessments and progress monitoring 
must be taken at the school to which the student would be assigned according to district school board 
attendance policies; 
 requires each school district and charter school to offer students in grades 11 and 12 the opportunity to 
take the Armed Services Vocational Aptitude Battery and consult with a military recruiter if the student 
chooses; 
 expands Florida’s support of military families by creating the Purple Star School District Program which 
recognizes school districts with at least 75 percent of schools designated as Purple Star Campuses; 
 authorizes the Commissioner of Education to appoint and remove an executive director for the 
Education Practices Commission; 
 revises district dropout prevention and academic intervention programs by requiring teachers assigned 
to such schools to be certified, revising the parental notification prior to student enrollment in the 
program, and requiring students in the program to have individualized student goals and progress 
monitoring; 
 removes school district authorization to have second chance school programs; and 
 revises the deadlines for submission of turnaround plans and requirements under a turnaround option 
available to low performing schools, specifying the responsibilities of a school district and charter 
school who are implementing a turnaround plan for a public school which is reopening as a charter 
school, prohibiting a district from charging rental or leasing fees for the existing facility or withholding an 
administrative fee, and requiring the State Board of Education to develop a standard charter school 
turnaround contract, facility lease, and mutual management agreement. 
 
At the postsecondary level, the bill: 
 requires that for each adoption cycle, publishers and manufacturers must make sample copies of all 
state-adopted instructional materials available electronically for use by Florida’s Educator Preparation 
Institutes; 
 authorizes an Associate in Arts (AA) specialized transfer degree for Florida College System (FCS) 
institution students who need supplemental lower-level coursework above the 60 credit hours of the 
traditional AA degree in preparation for transfer to a baccalaureate degree program; and 
 repeals the FCS Institution Employment Equity Accountability Program. 
 
The bill does not appear to have a fiscal impact. 
The bill takes effect July 1, 2024.   STORAGE NAME: h1285.CIS 	PAGE: 2 
DATE: 1/23/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Virtual Instruction Programs 
 
Present Situation 
 
A virtual instruction program provides an interactive, technology-based learning environment in which 
students are separated from their teachers by time or space, or both.
1
 Each school district must provide 
at least one option for part-time and full-time virtual instruction for students residing within the school 
district, and provide timely written notification to parents of at least one open enrollment period for full-
time students.
2
 
 
A school district virtual instruction program must consist of the following: 
 Full-time and part-time virtual instruction for students enrolled in kindergarten through grade 12.  
 Full-time or part-time virtual instruction for students enrolled in dropout prevention and academic 
intervention programs, Department of Juvenile Justice (DJJ) education programs, core-curricula 
courses to meet class size requirements, or Florida College System (FCS) institutions.
3
 
 
Each school district must provide information to parents and students about students’ right to 
participate in a virtual instruction program and in courses offered by the Florida Virtual School (FLVS).
4
 
 
All students, including home education and private school students, are eligible to participate in district 
virtual instruction programs.
5
 In order to provide students residing within the school district with the 
opportunity to participate in virtual instruction programs, a school district may: 
 contract with the FLVS
6
 or establish a franchise of the FLVS; 
 contract with a provider approved by the Department of Education (DOE) for the provision of a 
full-time or part-time school district virtual instruction program; 
 enter into an agreement with another school district to allow its students to participate in a virtual 
instruction program provided by the other school district; 
 establish school district operated part-time or full-time kindergarten through grade 12 virtual 
instruction programs; and  
 enter into an agreement with a virtual charter school authorized by the school district.
7
 
 
Contracts with the FLVS or other providers may include multidistrict contractual arrangements that may 
be executed by a regional consortium service organization
8
 on behalf of its member school districts.
9
 
Additionally, a virtual charter school may enter into an agreement with a school district to allow 
participation of the virtual charter school’s students in the school district’s virtual instruction program.
10
 
 
                                                
1
 Section 1002.45(1)(a)3., F.S. 
2
 Section 1002.45(1)(b), F.S. 
3
 Section 1002.45(1)(b)1., F.S. 
4
 Sections 1002.37(1) and (9)(a) and 1002.45(9), F.S. 
5
 Section 1002.455, F.S. 
6
 The Florida Virtual School is established for the development and delivery of online and distance learning education full-time and 
part-time to students enrolled in kindergarten through grade 12. The Commissioner of Education is required to monitor the school’s 
performance and report the school’s performance to the State Board of Education (SBE) and the Legislature. Section 1002.37(1)(a) 
and (9)(a), F.S., s. 1002.45(9), F.S. 
7
 Section 1002.45(1)(c)1.-5., F.S. 
8
 See s. 1001.451, F.S. School districts with 20,000 or fewer unweighted full-time equivalent students, lab schools, and the Florida 
School for the Deaf and the Blind may enter into cooperative agreements to form a regional consortium service organization. 
9
 Section 1002.45(1)(c), F.S. (flush left provision at the end of the subsection). 
10
 Section 1002.45(1)(d)3., F.S.  STORAGE NAME: h1285.CIS 	PAGE: 3 
DATE: 1/23/2024 
  
Participating students must comply with the compulsory school attendance requirements as verified by 
the district. Students must also participate in the state assessment program and the coordinated 
screening and progress monitoring system.
11
 
 
Statewide assessments and progress monitoring may be administered within the school district in 
which the student resides, or as specified in a contract between the school district and a qualified 
contractor, if applicable.
12
 If requested by the approved virtual instruction program provider
13
 or virtual 
charter school,
14
 the district of residence must provide the student with access to the district’s testing 
facilities.
15
 
 
Effect of Proposed Changes 
 
The bill requires virtual instruction providers and virtual charter schools to provide a list of students to 
be administered statewide assessments and progress monitoring to the school district, including the 
students’ names, Florida Education Identifiers, grade levels, assessments and progress monitoring to 
be administered, and contact information.  
 
The bill specifies that unless an alternative testing site is mutually agreed upon by the virtual provider 
and the school district, or specified in a contract between the school district and a qualified contractor, 
all assessments and progress monitoring must be taken at the school to which the student would be 
assigned according to district school board attendance policies. The school district must provide the 
student with access to the school’s or district’s testing facilities and provide the student with the date 
and time of the administration of each assessment and progress monitoring. 
 
The Purple Star Campus Program 
 
Present Situation 
 
The Purple Star Campus program was established by the Florida legislature in 2021
16
 and further 
defined in State Board of Education (SBE) rule as the Purple Star School of Distinction Designation.
17
 
The purpose of the Purple Star School of Distinction Designation is to recognize schools that support 
the unique needs of military families, help military-connected students navigate critical challenges, and 
provide resources for military-connected students when transitioning to a new school environment.
18
 As 
of November 2023, 197 Florida schools have earned the Purple Star School of Distinction 
Designation.
19
  
 
For the purpose of this program, a “military student” means a student who is: 
 enrolled in a school district, charter school, or any school or educational institution participating 
in an educational choice scholarship program;
20
 and 
 a dependent of a current member of the United States military serving on active duty in, or a 
former member of, the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard; a 
reserve component of any branch of the United States military; or the Florida National Guard.
21
 
 
                                                
11
 Section 1002.45(5), F.S. 
12
 Sections 1002.45(5)(b) and 1008.24(3), F.S. 
13
 Section 1002.45(2), F.S. 
14
 Section 1002.45(1)(d), F.S. 
15
 Section 1002.45(5)(b), F.S. 
16
 Section 1, ch. 2021-65, L.O.F., codified at s. 1003.051, F.S. 
17
 Rule 6A-1.0999, F.A.C. 
18
 Florida Department of Education (DOE), Purple Star School of Distinction Designation, https://www.fldoe.org/schools/family-
community/activities-programs/parental-involvement/purple-star.stml (last visited Jan. 21, 2024).   
19
 DOE, Governor Ron DeSantis Announces 73 New Purple Star Schools to Provide Additional Resources for Military Families, 
https://www.fldoe.org/newsroom/latest-news/icymi-governor-ron-desantis-announces-73-new-purple-star-schools-to-provide-
additional-resources-for-military-families.stml (last visited Jan. 21, 2024). 
20
 Chapter 1002, F.S. 
21
 Section 1003.051(1), F.S.  STORAGE NAME: h1285.CIS 	PAGE: 4 
DATE: 1/23/2024 
  
At a minimum, the program requires a participating school to: 
 Designate a staff member as a military liaison. 
 Maintain a web page on the school’s website which includes resources for military students and 
their families. 
 Maintain a student-led transition program that assists military students in transitioning into the 
school. 
 Offer professional development training opportunities for staff members on issues relating to 
military students. 
 Reserve at least 5 percent of controlled open enrollment seats for military students.
22
 
 
Once awarded, schools maintain their designation as a Purple Star School of Distinction for three 
school years.
23
 
 
Effect of Proposed Changes 
 
The bill requires the DOE to create the Purple Star School District Program. At a minimum, the program 
must require a participating district to have at least 75% of schools in the district designated as Purple 
Star Campuses and maintain a web page on the district website with resources for military students 
and their families and links to each Purple Star Campus’s web page with resources. The bill authorizes 
the DOE to establish additional program criteria to identify school districts that demonstrate a 
commitment to or provide critical coordination of services for military students and their families, 
including, but not limited to, establishing a council consisting of a representative from each Purple Star 
Campus in the district and one district-level representative to ensure the alignment of military student-
focused policies and procedures within the district. 
 
The bill authorizes the SBE to adopt rules to administer the program. 
 
Armed Services Vocational Aptitude Battery & Military Recruiters 
 
Present Situation 
 
Armed Services Vocational Aptitude Battery  
 
The Armed Services Vocational Aptitude Battery (ASVAB) is a multiple-choice test, administered by the 
United States Military Entrance Processing Command, used to determine qualification for enlistment in 
the United States Armed Forces.
24
  
 
The ASVAB is a timed multi-aptitude test, administered at over 14,000 schools and Military Entrance 
Processing Stations nationwide and developed and maintained by the Department of Defense. It 
measures a young adult’s strengths and potential for success in military training.
25
 
 
The ASVAB consists of 10 subtests and scores are used to determine the best jobs for those entering a 
branch of the military. Scores from four of the math and verbal domain subtests are used to determine 
an Armed Forces Qualification Test (AFQT) score, which determines eligibility for enlistment.
26
  
 
Each branch of the military has different standards. The minimum scores each branch of the military 
requires depends on whether a potential recruit has a high school diploma or a high school equivalency 
diploma (GED). Those students with a GED need a higher AFQT score than students with a high 
school diploma. An AFQT score of 60 indicates that the examinee scored as well as or better than 60 
                                                
22
 Section 1003.051(2)(a), F.S. 
23
 Rule 6A-1.0999, F.A.C. 
24
 Official ASVAB, ASVAB Fact Sheet (2023), available at https://www.officialasvab.com/wp-content/uploads/2023/06/ASVAB-
Fact_Sheet.pdf.  
25
 Military.com, The ASVAB Test, https://www.military.com/join-armed-forces/asvab (last visited Jan. 21, 2024). 
26
 US Military Careers, How the ASVAB Score is Computed, https://www.liveabout.com/how-the-asvab-afqt-score-is-computed-
3354094 (last visited Jan 21, 2024).  STORAGE NAME: h1285.CIS 	PAGE: 5 
DATE: 1/23/2024 
  
percent of the nationally representative sample. For high school graduates earning a diploma, the 
requirements by military branch are as follows:
27
  
 Air Force recruits are required to have a minimum AFQT score of 31.  
 Army recruits are required to have a minimum AFQT score of 31.  
 Coast Guard recruits are required to have a minimum AFQT score of 36.  
 Marine recruits are required to have a minimum AFQT score of 31.  
 National Guard recruits are required to have a minimum AFQT score of 31.  
 Navy recruits are required to have a minimum AFQT score of 31. 
 
AFQT scores are divided into five categories:
28
  
 Category I - 93-99.  
 Category II - 65-92.  
 Category IIIa - 50-64.  
 Category IIIb - 31-49.  
 Category IVa - 21-30.  
 Category IVb - 16-20.  
 Category IVc - 10-15.  
 Category V - 1-9. 
 
Beginning with the 2022-2023 school year, the school grading formula for high schools was modified to 
include the percentage of students who earned an AFQT score that falls within Category II or higher on 
the ASVAB and earned a minimum of two credits in Junior Reserve Officers’ Training Corps courses 
from the same branch of the United States Armed Forces.
29
 
 
Military Recruiters and Access to Public School Campuses 
 
Under current law, a school district must grant military recruiters of the United States Armed Forces and 
United States Department of Homeland Security the same access to secondary school students, and to 
school facilities and grounds, which the district grants to postsecondary educational institutions or 
prospective employers of students.
30
 
 
A school district must also grant military recruiters access to the names, addresses, and telephone 
listings of secondary school students as required by federal statute,
31
 except the district must comply 
with a student’s or parent’s request under federal
32
 or state
33
 statute not to release the student’s 
information without prior written parental consent.
34
 
 
Effect of Proposed Changes 
 
The bill requires each school district and charter school to offer students in grades 11 and 12 the 
opportunity to take the ASVAB and consult with a military recruiter if the student chooses. The ASVAB 
must be scheduled during normal school hours. 
 
Dropout Prevention and Academic Intervention 
 
Present Situation 
 
Overview 
 
                                                
27
 Official ASVAB, Enlistment Eligibility, https://www.officialasvab.com/applicants/enlistment-eligibility (last visited Jan. 21, 2024). 
28
 Id. 
29
 Section 2, ch. 2020-75, L.O.F.; s. 1008.34(3)(b)2., F.S. 
30
 Section 1003.451(3)(a), F.S. 
31
 20 U.S.C. § 7908(a)(1). 
32
 20 U.S.C. § 7908(a)(2). 
33
 Section 1002.22, F.S. 
34
 Section 1003.451(3)(b), F.S.   STORAGE NAME: h1285.CIS 	PAGE: 6 
DATE: 1/23/2024 
  
Each district school board may establish dropout prevention and academic intervention programs at the 
elementary, middle, or high school level.
35
 These programs must use instructional teaching methods 
appropriate to the specific needs of each student participating in the program.
36
 Any school that 
establishes a dropout prevention and academic intervention program must reflect the program in its 
school improvement plan.
37
  
 
Dropout prevention and academic intervention programs may differ from traditional programs and 
schools in scheduling, administrative structure, philosophy, curriculum, or setting and must employ 
alternative teaching methodologies, curricula, learning activities, and diagnostic and assessment 
procedures in order to meet the needs, interests, abilities, and talents of eligible students.
38
   
 
Eligibility for participation in a dropout prevention and academic intervention program is limited to 
students in grades 1 through 12. School districts must report eligible students in the appropriate basic 
cost factor in the Florida Education Finance Program (FEFP). The strategies and supports provided to 
eligible students are funded through the General Appropriations Act and may include, but are not 
limited to, those services identified on the student’s academic intervention plan.
39
   
 
Students are eligible for dropout prevention and academic programs if they are academically 
unsuccessful, exhibit a pattern of excessive absenteeism or have been identified as a habitual truant, 
have a history of disruptive behavior in school or have committed an offense that warrants out-of-school 
suspension or expulsion from school, or have been identified by a school’s early warning system.
40
 
Student participation in a dropout prevention and academic intervention program is voluntary. District 
school boards may, however, assign students to a program for disruptive students. A student must not 
be identified as eligible for dropout prevention and academic intervention program services based 
solely on being from a single-parent family.
41
 
 
District school boards that receive state funding for dropout prevention and academic intervention must 
submit an annual report to the DOE documenting the extent of the district’s success in using dropout 
prevention and academic intervention programs to improve the district’s graduation rate, dropout rate, 
attendance rate, and retention/promotion rate.
42
  In addition, school boards that provide a dropout 
prevention and academic intervention program must maintain records for each participating student 
documenting the student’s eligibility, the length of the student’s participation, the type of program to 
which the student was assigned or type of academic intervention services provided, and an evaluation 
of the student’s academic and behavioral performance while in the program.
43
 
 
District school boards must establish course standards for dropout prevention and academic 
intervention programs
44
 and procedures to ensure that teachers assigned to these programs possess 
the affective, pedagogical, and content-related skills necessary to meet the needs of students placed in 
the program.
45
 
 
Prior to a student’s placement in a dropout prevention and academic intervention program, the school 
principal must provide written notice by certified mail, return receipt requested, to the student’s parent.
46
 
The student’s parent must return acknowledgement of the written notice within three days of receipt. 
                                                
35
 Section 1003.53(2)(a), F.S. 
36
 Id. 
37
 Section 1003.53(2)(b), F.S. 
38
 Section 1003.53(1)(a), F.S. 
39
 Section 1003.53(1)(b), F.S. 
40
 Section 1003.53(1)(c), F.S. 
41
 Section 1003.53(1)(a), F.S. 
42
 Section 1003.53(3), F.S. 
43
 Section 1003.53(5), F.S. 
44
 Rule 6A-6.0521, F.A.C. 
45
 Section 1003.53(4), F.S. 
46
 Section 1003.53(5), F.S.  STORAGE NAME: h1285.CIS 	PAGE: 7 
DATE: 1/23/2024 
  
The notice must inform the parent that he or she is entitled to an administrative review of any action by 
school personnel relating to the student’s placement.
47
 
 
Second Chance Schools 
 
Under certain circumstances, school districts may assign students in grades 6 through 10 to a second 
chance school. Second chance schools are district school board programs provided through 
cooperative agreements between the DJJ, private providers, state or local law enforcement agencies, 
or other state agencies for students who have been habitually truant or disruptive, violent, or who have 
committed serious offenses. As partnership programs, second chance schools are eligible for waivers 
by the Commissioner of Education (commissioner) from SBE rules that prevent the provision of 
appropriate educational services to violent, severely disruptive, or delinquent students in small 
nontraditional settings or in court-adjudicated settings.
48
 
 
District school boards seeking to enter into a partnership with a private or public entity to operate a 
second chance school may apply to the DOE for startup grants. These grants must be available for one 
year and must be used to offset the startup costs for implementing second chance programs off public 
school campuses. General operating funds must be generated through the appropriate programs of the 
FEFP. Grants approved under this program must be for the full operation of the school by a private 
nonprofit or for-profit provider or the public entity. This program must operate under rules adopted by 
the SBE and be implemented to the extent funded by the Legislature.
49
 
 
Prior to assigning students to second chance schools, district school boards are encouraged to use 
alternative programs such as in-school suspension, which provide instruction and counseling leading to 
improved student behavior, a reduction in the incidence of truancy, and the development of more 
effective interpersonal skills.
50
 
 
Students assigned to second chance schools must be evaluated by the district school board’s child 
study team before placement in a second chance school. The study team must ensure that students 
are not eligible for placement in a program for emotionally disturbed children.
51
 
 
Students who exhibit academic and social progress and who wish to return to a traditional school shall 
complete a character development and law education program and demonstrate preparedness to 
reenter the regular school setting prior to reentering a traditional school.
52
 
 
Effect of Proposed Changes 
 
The bill authorizes district school boards to assign students to a disciplinary program for disruptive 
students or an alternative school setting or other program in accordance with the state’s policy of zero 
tolerance for crime and victimization.
53
 The bill requires that, notwithstanding any other provision of law 
to the contrary, no student can be identified as eligible to receive services through the dropout 
prevention and academic intervention program solely based on having a disability. The bill requires that 
before placement in a dropout prevention and academic intervention program or the provision of an 
academic service, the school principal, or his or her designee, must provide written notice of placement 
or services to the student's parent; must make a reasonable effort to notify the student's parent by 
telephone or e-mail, or both; and must document this effort. 
 
The bill provides that dropout prevention and academic intervention programs established by each 
district school board must utilize student services that lead to improved student behavior as appropriate 
to the specific needs of the student. The bill requires that each student enrolled in a dropout prevention 
                                                
47
 Id. 
48
 Section 1003.53(1)(d)1., F.S. 
49
 Section 1003.53(1)(d)2., F.S. 
50
 Section 1003.53(1)(d)6., F.S. 
51
 Section 1003.53(1)(d)7., F.S. 
52
 Section 1003.53(1)(d)8., F.S. 
53
 Section 1006.13, F.S.  STORAGE NAME: h1285.CIS 	PAGE: 8 
DATE: 1/23/2024 
  
and academic intervention program has an academic intervention plan developed to address eligibility 
for placement in the program and to provide individualized student goals and progress monitoring 
procedures. A student's academic intervention plan must be consistent with the student's individual 
education plan (IEP).  
 
The bill requires that teachers assigned to dropout prevention and academic intervention programs are 
certified as required under the law and by rules of the SBE.
54
 
 
Finally, the bill repeals the authority of a school district to offer a second chance school program.  
 
School Improvement- School Turnaround Plans 
 
Present Situation 
 
Florida’s system of improving low-performing schools is referred to as “school improvement” (SI).
55
 
Under SI, the lowest-performing schools receive more comprehensive, state-provided intervention and 
support than schools that are closer to meeting student achievement goals.
56
 Intervention and support 
is required for traditional public schools earning a letter grade of “D” or “F” or producing a graduation 
rate of sixty-seven (67) percent or less.
57
  
 
Intensive intervention and support strategies must be applied through turnaround plans
58
 to schools 
earning two consecutive grades of “D” or a grade of “F”.
59
 In the first full school year after a school 
initially earns a grade of “D,” the school district must immediately implement intervention and support 
strategies.
60
 For a school that initially earns a grade of “F” or a second consecutive grade of “D,” the 
school district must either continue implementing or immediately begin implementing intervention and 
support strategies
61
 and provide the department with the memorandum of understanding by September 
1 and a district-managed turnaround plan by October 1 for approval by the SBE.
62
 The plan must be 
designed to improve a school’s grade to a “C” or better within two school years.
63
  
 
The district-managed turnaround plan may include a proposal for the district to implement an extended 
school day, a summer program, a combination of an extended school day and a summer program, or 
any other authorized option for SBE approval. A school district is not required to wait until a school 
earns a second consecutive grade of “D” to submit a turnaround plan for approval by the state board.  
 
Upon SBE approval, the school district must implement the plan for the remainder of the school year 
and continue the plan for one full school year. The SBE may allow a school an additional year of 
implementation before the school must implement a turnaround option
64
 if it determines that the school 
is likely to improve to a grade of “C” or higher after the first full school year of implementation.
65
 
 
If the school’s grade does not improve to a “C” or higher after the additional year (its fourth consecutive 
grade below a “C”), or after the first full year of implementation if an additional year is not granted, the 
school must select from the following turnaround options:
66
 
 Reassign students to another school and monitor the progress of each student. 
                                                
54
 Section 1012.55(1), F.S. 
55
 Section 1008.33(2) and (4), F.S.; rule 6A-1.099811, F.A.C.  
56
 See id. School improvement requirements were originally established under the 2002 reauthorization of ESEA, otherwise known as 
the No Child Left Behind (NCLB) Act of 2001. Pub. L. No. 107-110, 115 Stat. 1425 (Jan. 8, 2002).  
57
 Section 1008.33(3)(b), F.S.; see also rule 6A-1.099811(2)(aa), F.A.C. 
58
 Rule 6A-1.099811(2)(bb), F.A.C. 
59
 Section 1008.33(4)(a), F.S.  
60
 Rule 6A-1.099811(3)(c), F.A.C. 
61
 Id. 
62
 Section 1008.33(4)(a), F.S. 
63
 Rule 6A-1.099811(7)(a) and (13)(b), F.A.C. A Tier 2 SI school is any school that earns a single grade of “F” or consecutive grades 
of “D” in any school year in which the school received a grade and is in the first cycle of turnaround. Rule 6A-1.099811(3)(b), F.A.C. 
64
 Section 1008.33(4)(b), F.S. 
65
 Section 1008.33(4)(a), F.S. 
66
 Section 1008.33(4)(b), F.S.; rule 6-A 1.099811(7)(b), F.A.C    STORAGE NAME: h1285.CIS 	PAGE: 9 
DATE: 1/23/2024 
  
 Close the school and reopen as one or more charter schools with a governing board that has a 
demonstrated record of effectiveness. 
 Contract with an external operator that has a demonstrated record of effectiveness to operate 
the school.  
 
Selection of an external operator may include one, or a combination of the following:
67
 
 A district-managed charter school or a high-performing charter school network in which all 
instructional personnel are not employees of the school district, but are employees of an 
independent governing board composed of members who did not participate in the review or 
approval of the charter. 
 A contractual agreement that allows for a charter school network or any of its affiliated 
subsidiaries to provide individualized consultancy services tailored to address the identified 
needs of one or more schools under this section. 
 
To exit the SI program, a school must meet one of the following requirements:
68
 
 If the school’s SI status is determined by its school grade, the school must earn a grade of at 
least a “C”; or 
 If the school’s SI status is solely based on its graduation rate, it must achieve a graduation rate 
higher than 67 percent.  
 
If a school earning two consecutive grades of “D” or a grade of “F” does not improve to a grade of “C” 
or higher after two school years of implementing the turnaround option selected by the school district, 
the district must implement another turnaround option. Implementation must begin the school year 
following the implementation period of the existing turnaround option, unless the SBE determines that 
the school is likely to improve to a grade of “C” or higher if additional time is provided to implement the 
existing turnaround option.
69
 
 
Effect of Proposed Changes 
 
The bill makes several changes relating to the procedures and prescribed options for a school which is 
required to implement a district-managed turnaround option or which has completed a cycle of 
turnaround and has not improved to a grade of “C” or higher. 
 
For a school which has earned a school grade of “F” or a second consecutive school grade of “D” and 
is required to implement a district-managed turnaround option, the bill moves the submission deadline 
for the memorandum of understanding and district-managed turnaround plan the school district must 
submit to the DOE from September 1 and October 1, respectively, to August 1. The bill requires that a 
district-managed turnaround plan must only include measurable academic benchmarks that put the 
school on a path to earning and maintaining a grade of “C” or higher. 
 
For a school that has not improved to a grade of “C” or higher under a district-managed turnaround plan 
and has selected the turnaround option of closing and reopening as a charter school, the bill provides 
the following requirements for the school district and the charter school operator upon reopening as a 
charter school: 
 The school district must continue to operate the school for the following school year and must 
execute a charter school turnaround contract by October 1 that will allow the charter school an 
opportunity to conduct an evaluation of the educational program and personnel currently 
assigned to the school during the year in preparation for assuming full operational control of the 
school and facility by July 1. The school district may not reduce or remove resources from the 
school during this time. 
 The charter school operator must provide enrollment preference to students currently attending 
or who would have otherwise attended or been zoned for the school. The school district must 
consult and negotiate with the charter school every three years to determine whether 
                                                
67
 Section 1008.33(4)(b)3., F.S. 
68
 Rule 6A-1.099811(16), F.A.C 
69
 Section 1008.33(4)(d), F.S.  STORAGE NAME: h1285.CIS 	PAGE: 10 
DATE: 1/23/2024 
  
realignment of the attendance zone is appropriate to ensure that students residing closest to the 
school are provided with an enrollment preference.  
 The charter school operator must serve the existing grade levels served by the school at its 
current enrollment or higher, but may, at its discretion, serve additional grade levels.  
 The school district may not charge rental or leasing fees for the existing facility or for the 
property normally inventoried to the school. The school and the school district must agree to 
reasonable maintenance provisions in order to maintain the facility in a manner similar to all 
other school facilities in the school district.  
 The school district may not withhold an administrative fee for the provision of services identified 
in statute.
70
 
 
The bill provides that ceasing implementation of a turnaround option because a school improves to a 
grade of “C” or higher, does not apply to a school district that has already executed a charter school 
turnaround contract.  
 
Finally, the bill requires the SBE to adopt rules to implement these provisions and to develop a 
standard charter school turnaround contract, a standard facility lease, and a mutual management 
agreement. 
 
K-12 Instructional Materials 
 
Present Situation 
 
Duties of Publishers & Manufacturers Regarding K-12 Instructional Materials 
 
Whether operating pursuant to the state’s instructional materials program or a district instructional 
materials program, publishers and manufacturers of instructional materials must, among other things: 
 submit electronic sample copies of the instructional material; 
 submit evidence that the provided materials address the required state standards and are 
accessible through the district’s digital classrooms plan and a variety of electronic, digital, and 
mobile devices; 
 furnish instructional materials at a price not to exceed the lowest price offered in other states; 
 automatically reduce the price of instructional materials or provide materials free of charge if 
provided to other states at a reduced rate or free of charge; 
 keep the materials revised, free from all errors, and up-to-date; and  
 disclose the authors of the instructional materials.
71
 
 
In addition, publishers and manufacturers of instructional materials are prohibited from offering any 
emolument, money, or other valuable thing or any inducement, to any district school board official or 
state instructional materials reviewer to directly or indirectly introduce, recommend, vote for, or 
otherwise influence the adoption or purchase of any instructional materials. Violating this prohibition is a 
second degree misdemeanor and will result in a ban from practicing business in the state for one 
calendar year.
72
 
 
Educator Preparation Institutes 
 
An educator preparation institute may be created by a postsecondary institution or a qualified private 
provider and approved by the DOE.
73
 Postsecondary institutions that are accredited or approved as 
                                                
70
 Section 1002.33(20)(a), F.S. 
71
 Sections 1006.283(2)(b)7. and 1006.38, F.S. With regard to the state’s instructional materials program, publishers and 
manufacturers must maintain a depository in Florida for the in-state distribution of instructional materials to school districts from the 
depository or contract with a depository in the state.  Section 1006.38(11)-(13), F.S. 
72
 Section 1006.32(1) and (4), F.S. A second degree misdemeanor is punishable by a term of imprisonment not exceeding 60 days and 
a fine not exceeding $500. Sections 775.082(4)(b) and 775.083(1)(e), F.S. 
73
 Section 1004.85(1), F.S.  STORAGE NAME: h1285.CIS 	PAGE: 11 
DATE: 1/23/2024 
  
described in SBE rule may seek approval from the DOE to create educator preparation institutes for 
any or all of the following purposes: 
 Professional learning instruction to assist teachers in improving classroom instruction and in 
meeting certification or recertification requirements. 
 Instruction to assist potential and existing substitute teachers in performing their duties. 
 Instruction to assist paraprofessionals in meeting education and training requirements. 
 Instruction for baccalaureate degree holders to become certified teachers in order to increase 
routes to the classroom for professionals who hold a baccalaureate degree and college 
graduates who were not education majors. 
 Instruction and professional learning for part-time and full-time nondegreed teachers of career 
programs.
74
  
 
A private provider with a proven history of delivering high-quality teacher preparation, based on 
evidence provided from other state recipients of its services and data showing the successful 
performance of its completers based on student achievement, may seek approval to offer a 
competency-based certification program specifically designed for noneducation major baccalaureate 
degree holders to enable program participants to meet the educator certification requirements.
75
  
 
An educator preparation institute choosing to offer a competency-based certification program, whether 
a postsecondary institution or a qualified private provider, must implement a program developed by the 
institute and approved by the DOE for this purpose. Approved programs must be available for use by 
other approved educator preparation institutes.
76
 
 
Effect of Proposed Changes 
 
The bill requires that for each adoption cycle, publishers and manufacturers of instructional materials, 
or their representatives, must make sample copies of all instructional materials on the commissioner's 
list of state-adopted instructional materials available electronically for use by educator preparation 
institutes to enable educators to practice teaching with currently adopted instructional materials aligned 
to the state’s academic standards. 
 
Education Practices Commission 
 
Present Situation 
 
The DOE’s Office of Professional Practices Services (PPS) investigates misconduct by educators who 
hold a Florida Educator Certificate or a valid application for a Florida Educator Certificate. The PPS 
investigates when there are ultimate facts to support the educator has broken the law or violated the 
Principles of Professional Conduct.
77
 These laws and rules outline the standards of conduct expected 
of certified educators in Florida.
78
 
 
Penalties against an educator’s certificate are not issued by the commissioner or the DOE; penalties 
are issued by the Education Practices Commission (commission). The commission is a quasi-judicial 
body of peers, law enforcement, and lay persons set forth in statute
79
 that determines what penalty is 
issued in each case.
80
 
 
Currently, the commission must employ an executive director by a vote of three-fourths of the 
membership who is exempt from career service and may be dismissed by a majority vote of the 
                                                
74
 Sections 1004.85(2)(a) and 1012.39(1)(c), F.S. 
75
 Sections 1004.85(2)(b) and 1012.56, F.S. 
76
 Section 1004.85(3), F.S. 
77
 Rule 6A-10.081, F.A.C. contains the Principles of Professional Conduct for the Education Profession in Florida. 
78
 DOE, Role of Professional Practices Services, https://www.fldoe.org/teaching/professional-practices/role-of-professional-practices-
service.stml (lasted visited Jan. 21, 2024). 
79
 Section 1012.79, F.S. 
80
 DOE, Role of Professional Practices Services, https://www.fldoe.org/teaching/professional-practices/role-of-professional-practices-
service.stml (lasted visited Jan. 21, 2024).  STORAGE NAME: h1285.CIS 	PAGE: 12 
DATE: 1/23/2024 
  
membership. The commission is assigned to the DOE for administrative purposes and, in the 
performance of its powers and duties, must not be subject to control, supervision, or direction by the 
DOE.
81
 
 
The commission has the authority to make expenditures necessary to carry out its duties and 
responsibilities, including for personal services, general counsel or access to counsel, and rent at the 
seat of government and elsewhere; for books of reference, periodicals, furniture, equipment, and 
supplies; and for printing and binding. The expenditures of the commission are subject to the powers 
and duties of the Department of Financial Services.
82
 
 
Effect of Proposed Changes 
 
The bill authorizes the commissioner, at his or her discretion, to appoint and remove an executive 
director for the commission. The bill requires the commission to be assigned to the DOE for fiscal 
accountability purposes and provides that the commission may make expenditures on legal services 
when necessary. 
 
Florida College System-Transfer Degrees  
 
Present Situation 
 
Overview 
 
Florida’s 28 state and community colleges offer a wide range of academic opportunities for students 
throughout the state. At FCS institutions, students are able to complete degree programs including 
Bachelor of Science and Bachelor of Applied Science, Associate in Arts (AA), Associate in Science 
(AS), Associate in Applied Science (AAS), and career and technical certificate programs.
83
 
 
Associate in Arts Degree 
 
The AA degree is designed for students who plan to transfer from an FCS institution to a baccalaureate 
degree program, either at an FCS or a state university system (SUS) institution.
84
 The AA degree 
requirements consist of 60 total credit hours and include 36 credit hours of general education and 24 
credit hours of electives.
85
 Students should choose elective courses required for admission to their 
intended program of study or major at the desired college or university. The Common Prerequisites 
Manual
86
 is a catalog of lower-level courses that are prerequisites for entrance into baccalaureate 
programs offered by FCS and SUS institutions. Students are encouraged to discuss their intended 
program of study with an academic advisor at their college to ensure they are meeting all requirements 
to transfer upon completing their AA degree.
87
 
 
A baccalaureate degree must be no more than 120 semester hours of college credit, unless prior 
approval has been granted by the Board of Governors (BOG) or the SBE, as applicable, and include 36 
semester hours of general education coursework.
88
 
 
General Education Core Courses 
 
Students entering an FCS or SUS institution are required to complete at least one identified general 
education core course in each of the subject areas of communication, mathematics, social sciences, 
                                                
81
 Section 1012.79(5)-(6)(a), F.S. 
82
 Sections 17.03 and 1012.79(9), F.S. 
83
 DOE, Florida College System (FCS), Academics, https://www.fldoe.org/schools/higher-ed/fl-college-system/academics/ (last visited 
Jan. 21, 2024). 
84
 Id. 
85
 Section 1007.25(9), F.S.  
86
 Florida Shines, Common Prerequisites Manual, https://cpm.flvc.org/advance-search (last visited Jan. 21, 2024). 
87
 DOE, FCS, Academics, https://www.fldoe.org/schools/higher-ed/fl-college-system/academics/ (last visited Jan. 21, 2024). 
88
 Section 1007.25(10), F.S. and Board of Governors Regulation 6.017  STORAGE NAME: h1285.CIS 	PAGE: 13 
DATE: 1/23/2024 
  
humanities, and natural sciences. All public postsecondary educational institutions are required to 
accept these courses as meeting general education core course requirements.
89
 
 
General education core course options consist of a maximum of five courses in each identified subject 
area, but may exceed that limit with the approval of the SBE or the BOG. The general education core 
courses are established in SBE rule
90
 and BOG regulation.
91
  
 
Transfer of General Education Courses 
 
Each public postsecondary institution must accept transfer general education core courses taken at 
another institution. After completing the general education core course requirements, the remaining 
courses and credits that fulfill the total 36-hour general education requirement for an AA or 
baccalaureate degree are at the discretion of the FCS or SUS institution.
92
 
 
General education programs in Florida, while consistent with the general education core requirements 
and the total of 36 hours for completion, vary in the selection of institutionally-required courses. 
Students who transfer with an AA or AS degree or who have completed their block of 36 general 
education hours do not have to meet the receiving institution’s general education program 
requirements. If a student does not complete the total 36-hour general education curriculum prior to 
transfer, each course, outside of courses taken as general education courses, will be reviewed 
individually to determine if it meets the general education requirements of the new institution.
93
 
 
Articulation Coordinating Committee  
 
The commissioner, in consultation with the Chancellor of the SUS, establishes the Articulation 
Coordinating Committee (ACC), whose primary role is to recommend statewide articulation policies.
94
 
Specifically, the ACC must monitor articulation between education systems, propose guidelines for 
articulation agreements, publish lists of general education and common prerequisite courses, establish 
dual enrollment course equivalencies to high school credit, and annually review the Statewide 
Articulation Agreement.
95
 The Office of K-20 Articulation within the DOE provides administrative support 
to the ACC.
96
 
 
Statewide Articulation Agreements  
 
Each state university board of trustees, FCS board of trustees, and district school board must plan and 
adopt policies and procedures to provide articulated programs so that students can proceed toward 
their educational objectives as rapidly as their circumstances permit.
97
 
 
Statewide articulation agreements help facilitate the seamless transition of students across and among 
Florida’s educational entities. These agreements are intended to be a minimum guarantee of articulated 
credit and do not preclude institutions from granting additional credit based on local agreements.
98
 
 
Effect of Proposed Changes 
 
                                                
89
 Section 1007.25, F.S. Beginning with the 2022-2023 academic year, the general education core course requirement is extended to 
students in an Associate in Applied Science (AAS) and Associate in Science (AS) degree program. 
90
 Rule 6A-14.0303, F.A.C. 
91
 Board of Governors Regulation 8.005. 
92
 Id. and r. 6A -14.0303(5), F.A.C. 
93
 DOE, Statewide Postsecondary Articulation Manual (Jan. 2021), at 15, available at 
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. See also r. 6A-10.024(2)(c), F.A.C. 
94
 Section 1007.01(3), F.S. 
95
 Section 1007.01(3)(a) and (b), F.S. 
96
 Section 1007.01(3), F.S.; s. 20.15(3)(h), F.S. 
97
 Rule 6A-10.024(1), F.A.C. 
98
 DOE, Statewide Postsecondary Articulation Manual (Jan. 2021), at 20-21, available at 
https://www.fldoe.org/core/fileparse.php/5421/urlt/Statewide-Articulation-Manual.pdf. See also r. 6A-10.024(2)(c), F.A.C.  STORAGE NAME: h1285.CIS 	PAGE: 14 
DATE: 1/23/2024 
  
The bill creates a new AA specialized transfer degree. The specialized transfer degrees are designed 
for FCS institution students who need supplemental lower-level coursework above the 60 credit hours 
of the traditional AA degree in preparation for transfer to a baccalaureate degree program. An AA 
specialized transfer degree must include 36 semester hours of general education coursework and 
require 60 semester hours or more of college credit.  
 
The bill requires the SBE to establish criteria for the review and approval of new specialized transfer 
degrees. The approval process must require: 
1. An FCS institution to submit a notice of its intent to propose a new AA specialized degree 
program to the Division of Florida Colleges. The notice must include the recommended 
credit hours, the rationale for the specialization, the demand for students entering the field, 
and the coursework being proposed to be included beyond the 60 semester hours required 
for the general transfer degree, if applicable. Notices of intent may be submitted by an FCS 
institution at any time. 
2. The Division of Florida Colleges to forward the notice of intent within 10 business days after  
receipt to all FCS institutions and the Chancellor of the SUS, who must forward the notice to 
all state universities. State universities and FCS institutions have 60 days after receipt of the 
notice to submit comments to the proposed AA specialized transfer degree.  
3. After the submission of comments, the requesting FCS institution to submit a proposal that, 
at a minimum, includes:  
a. Evidence that the coursework for the AA specialized transfer degree  
includes demonstration of competency in a foreign language
99
 and demonstration of 
civic literacy competency.
100
  
b. Demonstration that all required coursework will count toward the AA degree or the 
baccalaureate degree.  
c. An analysis of demand and unmet need for students entering the specialized field of  
study at the baccalaureate level.  
d. Justification for the program length if it exceeds 60 credit hours, including references  
to the Common Prerequisite Manual or other requirements for the baccalaureate 
degree. This includes documentation of alignment between the exit requirements of 
an FCS institution and the admissions requirements of a baccalaureate program at a 
state university to which students would typically transfer.  
e. Articulation agreements for graduates of the AA specialized transfer degree.  
f. Responses to the comments received.  
 
The Division of Florida Colleges must review the proposal and, within 30 days after receipt, provide 
written notification to the FCS institution of any deficiencies and provide the institution with an 
opportunity to correct the deficiencies. Within 45 days after receipt of a completed proposal by the 
Division of Florida Colleges, the commissioner must recommend approval or disapproval of the new 
specialized transfer degree to the SBE. The SBE must consider the recommendation at its next 
meeting. 
 
Upon approval of an AA specialized transfer degree by the SBE, an FCS institution may offer the 
degree and must report data on student and program performance in a manner prescribed by the DOE.  
 
The bill requires the SBE to adopt rules to prescribe format and content requirements and submission 
procedures for notices of intent, proposals, and compliance reviews for the AA specialized transfer 
degree. 
 
Florida College System Institution Employment Equity Accountability Program 
 
Present Situation 
 
                                                
99
 Section 1007.262, F.S. 
  STORAGE NAME: h1285.CIS 	PAGE: 15 
DATE: 1/23/2024 
  
Each FCS institution must include in its annual equity update a plan for increasing the representation of 
women and minorities in senior-level administrative positions and in full-time faculty positions, and for 
increasing the representation of women and minorities who have attained continuing-contract status.
101
 
The plan must include specific measurable goals and objectives, specific strategies and timelines for 
accomplishing these goals and objectives, and comparable national standards as provided by the 
DOE.
102
 FCS institution presidents and the heads of each major administrative division must be 
evaluated annually on the progress made toward meeting the goals and objectives of the FCS 
institution’s employment accountability plan.
103
  
 
On or before May 1 of each year, each FCS institution president must submit an annual employment 
accountability plan to the commissioner and the SBE.
104
 The SBE must submit an annual equity 
progress report to the President of the Senate and the Speaker of the House of Representatives on or 
before January 1 of each year.
105
  
 
No law requires such a report of Florida’s public K-12 institutions or SUS institutions and it conflicts with 
the current requirements of the Florida Educational Equity Act.
106
 
 
Effect of Proposed Changes 
 
 The bill repeals the FCS Institution Employment Equity Accountability Program. 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 1002.45, F.S.; providing approved virtual instruction program provider, virtual 
charter school, and school district responsibilities relating to statewide assessments and 
progress monitoring for certain students. 
 
Section 2: Creates s. 1003.052, F.S.; establishing the Purple Star School District Program; 
providing requirements for such program; authorizing the Department of Education to 
establish additional program criteria; authorizing the State Board of Education to adopt 
rules. 
 
Section 3: Amends s. 1003.451, F.S.; requiring school districts and charter schools to provide 
certain students with an opportunity to take the Armed Services Vocational Aptitude 
Battery Test and consult with a military recruiter; providing requirements for the 
scheduling of such test. 
 
Section 4: Amends s. 1003.53, F.S.; revising requirements for the assignment of students to 
disciplinary programs and alternative school settings or other programs; deleting 
provisions relating to second chance schools; revising requirements for dropout 
prevention and academic intervention programs; requiring such programs to include 
academic intervention plans for students; providing requirements for such plans; 
providing that specified provisions apply to all dropout prevention and academic 
intervention programs; requiring school principals or their designees to make a 
reasonable effort to notify parents by specified means and to document such effort. 
 
Section 5: Amends s. 1006.38, F.S.; requiring instructional materials publishers and manufacturers 
or their representatives to make sample copies of specified instructional materials 
available electronically for use by certain institutes for specified purpose. 
 
                                                
101
 Section 1012.86(1), F.S. 
102
 Id. 
103
 Section 1012.86(3), F.S. 
104
 Section 1012.86(2), F.S. 
105
 Section 1012.86(4), F.S. 
106
 DOE, Recommendations to Reduce Regulation in Public Schools (2023), at 22, available at 
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/5953/10483_MeetingPacket_5953_2.pdf. see also s. 1000.05, F.S.  STORAGE NAME: h1285.CIS 	PAGE: 16 
DATE: 1/23/2024 
  
Section 6: Amends s. 1007.25, F.S.; creating associate in arts specialized transfer degrees; 
providing requirements for such degrees; providing a process for the approval of such 
degree programs; providing for rulemaking. 
 
Section 7: Amends s. 1008.33, F.S.; revising the date by which a memorandum of understanding 
relating to schools in turnaround status must be provided to the department; revising 
requirements for district-managed turnaround plans; providing requirements for 
turnaround schools that close and reopen as charter schools and school districts in 
which such schools reside; providing that specified provisions do not apply to certain 
turnaround schools; requiring the State Board of Education to adopt rules for a charter 
school turnaround contract and specified leases and agreements. 
 
Section 8: Amends s. 1012.79, F.S.; authorizing the Commissioner of Education to appoint an 
executive director of the Education Practices Commission; revising the purpose of the 
commission; authorizing the commission to expend funds for legal services. 
 
Section 9: Repeals s. 1012.86, F.S., relating to the Florida College System institution employment 
equity accountability program. 
 
Section 10: Amends s. 948.037, F.S.; conforming provisions to changes made by the act.  
 
Section 11: Amends s. 1001.64, F.S.; conforming provisions to changes made by the act. 
 
Section 12: Amends s. 1001.65, F.S.; conforming provisions to changes made by the act. 
 
Section 13: Amends s. 1006.07, F.S.; conforming provisions to changes made by the act. 
 
Section 14: Amends s. 1006.09, F.S.; conforming provisions to changes made by the act. 
 
Section 15: Amends s. 1006.13, F.S.; conforming provisions to changes made by the act. 
 
Section 16: Providing an effective date. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
  STORAGE NAME: h1285.CIS 	PAGE: 17 
DATE: 1/23/2024 
  
D. FISCAL COMMENTS: 
None. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill authorizes the State Board of Education (SBE) to adopt rules to administer the Purple Star 
School District Program. The bill requires the SBE to adopt rules for the Associate in Arts specialized 
transfer degree and to adopt standardized forms and agreements relating to public school 
improvement. Existing SBE rules may also need to be repealed or amended to implement the 
provisions of the bill. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.