This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1285a.CIS
DATE: 1/29/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1285 Education
SPONSOR(S): Choice & Innovation Subcommittee, Canady
TIED BILLS: None. IDEN./SIM. BILLS: SB 996
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee 16 Y, 1 N, As CS 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 district school boards to make reasonable efforts to enter into dual enrollment articulation agreements
with a Florida College System institution which offers online dual enrollment courses;
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;
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; and
exempts an owner or lessee of a property used to house a charter school from having to make an annual ad
valorem tax exemption application, and provides penalties under certain circumstances related to the exemption.
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;
prohibits a public postsecondary institution from implicitly or explicitly prohibiting applicants or currently enrolled
students from being employed, either full time or part time, as a condition of admission to or enrollment in any of
the institution’s schools, colleges, or programs;
provides a single-document method for a student to prove residency for tuition purposes;
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: h1285a.CIS PAGE: 2
DATE: 1/29/2024
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: h1285a.CIS PAGE: 3
DATE: 1/29/2024
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.
Dual Enrollment
Present Situation
Overview
The dual enrollment program is an acceleration mechanism that allows an eligible secondary student or
home education student to enroll and earn credit in a postsecondary course that is creditable toward
both a high school diploma and an associate or baccalaureate degree or career certificate.
16
An eligible
secondary student is a student who is enrolled in grades 6 through 12 in a Florida public school or
eligible private school that provides a secondary curriculum.
17
Upon successful completion of a dual
enrollment course, the student simultaneously receives high school and college, university, or career
certificate credit. Students may also participate in dual enrollment for courses that will lead to an
industry certification. Eligible students are permitted to enroll in dual enrollment courses conducted
during and after school hours and during the summer term. Dual enrollment students are exempt from
the payment of registration, tuition, and laboratory fees.
18
Articulation Agreements Between Public Postsecondary Institutions and School Districts
As used in the Florida K-20 Education Code, “articulation” is the systematic coordination that provides
the means by which students proceed toward their educational objectives in as rapid and student-
friendly manner as their circumstances permit, from grade level to grade level, from elementary to
middle to high school, to and through postsecondary education, and when transferring from one
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 1007.271(1), F.S.
17
Section 1007.271(2), F.S.
18
Id. STORAGE NAME: h1285a.CIS PAGE: 4
DATE: 1/29/2024
educational institution or program to another.
19
“Service area” refers to the county or counties served by
each Florida College System (FCS) institution.
20
Each public postsecondary institution and school district in its service area must jointly develop and
implement a comprehensive dual enrollment articulation agreement.
21
The dual enrollment articulation
agreement must be submitted annually to the DOE on or before August 1 and must include, but is not
limited to, the following components:
The available dual enrollment courses and programs.
22
A description of the processes by which students and parents are informed about and exercise
options to participate in dual enrollment, including registration.
23
The type of high school credit earned for completion of a dual enrollment course.
24
A listing of any additional student eligibility criteria.
25
Each institution's responsibilities for student screening and performance monitoring,
transmission of grades, program costs including instructional materials, and student
transportation.
26
District school boards may not refuse to enter into a dual enrollment articulation agreement with a local
FCS institution that has the capacity to offer dual enrollment courses.
27
Effect of Proposed Changes
The bill requires district school boards to make reasonable efforts to enter into dual enrollment
articulation agreements with an FCS institution which offers online dual enrollment courses.
The Purple Star Campus Program
Present Situation
The Purple Star Campus program was established by the Florida legislature in 2021
28
and further
defined in State Board of Education (SBE) rule as the Purple Star School of Distinction Designation.
29
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.
30
As
of November 2023, 197 Florida schools have earned the Purple Star School of Distinction
Designation.
31
For the purpose of this program, a “military student” means a student who is:
19
Section 1000.21(1), F.S.
20
Section 1000.21(5)(a)-(bb), F.S.
21
Section 1007.271(21), F.S.; see also DOE, Public School Dual Enrollment Articulation Agreements,
https://www.fldoe.org/policy/articulation/public-school-dual-enrollment.stml (last visited Jan. 26, 2024).
22
Section 1007.271(21)(c), F.S.
23
Section 1007.271(21)(b), (d), and (i), F.S. Career centers, FCS institutions, and state universities must also delineate courses and
programs for dually enrolled home education students. Courses and programs may be added, revised, or deleted at any time. Section
1007.271(13)(b)1., F.S.
24
Section 1007.271(21)(f), F.S.
25
Section 1007.271(21)(e), F.S. Career centers, FCS institutions, and state universities must also identify eligibility criteria for home
education student participation, not to exceed those required of other dually enrolled students. Section 1007.271(13)(b)2., F.S.
Exceptions to the required grade point average may be granted on an individual student basis. Section 1007.271(21)(h), F.S.
26
Section 1007.271(21)(l), (m), (n), and (o), F.S.
27
Section 1007.271(4), F.S.
28
Section 1, ch. 2021-65, L.O.F., codified at s. 1003.051, F.S.
29
Rule 6A-1.0999, F.A.C.
30
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).
31
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). STORAGE NAME: h1285a.CIS PAGE: 5
DATE: 1/29/2024
enrolled in a school district, charter school, or any school or educational institution participating
in an educational choice scholarship program;
32
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.
33
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.
34
Once awarded, schools maintain their designation as a Purple Star School of Distinction for three
school years.
35
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.
36
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.
37
32
Chapter 1002, F.S.
33
Section 1003.051(1), F.S.
34
Section 1003.051(2)(a), F.S.
35
Rule 6A-1.0999, F.A.C.
36
Official ASVAB, ASVAB Fact Sheet (2023), available at https://www.officialasvab.com/wp-content/uploads/2023/06/ASVAB-
Fact_Sheet.pdf.
37
Military.com, The ASVAB Test, https://www.military.com/join-armed-forces/asvab (last visited Jan. 21, 2024). STORAGE NAME: h1285a.CIS PAGE: 6
DATE: 1/29/2024
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.
38
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
percent of the nationally representative sample. For high school graduates earning a diploma, the
requirements by military branch are as follows:
39
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:
40
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.
41
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.
42
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,
43
except the district must comply
with a student’s or parent’s request under federal
44
or state
45
statute not to release the student’s
information without prior written parental consent.
46
Effect of Proposed Changes
38
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).
39
Official ASVAB, Enlistment Eligibility, https://www.officialasvab.com/applicants/enlistment-eligibility (last visited Jan. 21, 2024).
40
Id.
41
Section 2, ch. 2020-75, L.O.F.; s. 1008.34(3)(b)2., F.S.
42
Section 1003.451(3)(a), F.S.
43
20 U.S.C. § 7908(a)(1).
44
20 U.S.C. § 7908(a)(2).
45
Section 1002.22, F.S.
46
Section 1003.451(3)(b), F.S. STORAGE NAME: h1285a.CIS PAGE: 7
DATE: 1/29/2024
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
Each district school board may establish dropout prevention and academic intervention programs at the
elementary, middle, or high school level.
47
These programs must use instructional teaching methods
appropriate to the specific needs of each student participating in the program.
48
Any school that
establishes a dropout prevention and academic intervention program must reflect the program in its
school improvement plan.
49
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.
50
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.
51
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.
52
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.
53
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.
54
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.
55
District school boards must establish course standards for dropout prevention and academic
intervention programs
56
and procedures to ensure that teachers assigned to these programs possess
47
Section 1003.53(2)(a), F.S.
48
Id.
49
Section 1003.53(2)(b), F.S.
50
Section 1003.53(1)(a), F.S.
51
Section 1003.53(1)(b), F.S.
52
Section 1003.53(1)(c), F.S.
53
Section 1003.53(1)(a), F.S.
54
Section 1003.53(3), F.S.
55
Section 1003.53(5), F.S.
56
Rule 6A-6.0521, F.A.C. STORAGE NAME: h1285a.CIS PAGE: 8
DATE: 1/29/2024
the affective, pedagogical, and content-related skills necessary to meet the needs of students placed in
the program.
57
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.
58
The student’s parent must return acknowledgement of the written notice within three days of receipt.
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.
59
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.
60
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.
61
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.
62
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.
63
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.
64
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.
65
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
57
Section 1003.53(4), F.S.
58
Section 1003.53(5), F.S.
59
Id.
60
Section 1003.53(1)(d)1., F.S.
61
Section 1003.53(1)(d)2., F.S.
62
Section 1003.53(1)(d)6., F.S.
63
Section 1003.53(1)(d)7., F.S.
64
Section 1003.53(1)(d)8., F.S.
65
Section 1006.13, F.S. STORAGE NAME: h1285a.CIS PAGE: 9
DATE: 1/29/2024
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
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.
66
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).
67
Under SI, the lowest-performing schools receive more comprehensive, state-provided intervention and
support than schools that are closer to meeting student achievement goals.
68
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.
69
Intensive intervention and support strategies must be applied through turnaround plans
70
to schools
earning two consecutive grades of “D” or a grade of “F”.
71
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.
72
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
73
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.
74
The plan must be
designed to improve a school’s grade to a “C” or better within two school years.
75
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
66
Section 1012.55(1), F.S.
67
Section 1008.33(2) and (4), F.S.; rule 6A-1.099811, F.A.C.
68
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).
69
Section 1008.33(3)(b), F.S.; see also rule 6A-1.099811(2)(aa), F.A.C.
70
Rule 6A-1.099811(2)(bb), F.A.C.
71
Section 1008.33(4)(a), F.S.
72
Rule 6A-1.099811(3)(c), F.A.C.
73
Id.
74
Section 1008.33(4)(a), F.S.
75
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. STORAGE NAME: h1285a.CIS PAGE: 10
DATE: 1/29/2024
implementation before the school must implement a turnaround option
76
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.
77
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:
78
Reassign students to another school and monitor the progress of each student.
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:
79
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:
80
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.
81
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
76
Section 1008.33(4)(b), F.S.
77
Section 1008.33(4)(a), F.S.
78
Section 1008.33(4)(b), F.S.; rule 6-A 1.099811(7)(b), F.A.C
79
Section 1008.33(4)(b)3., F.S.
80
Rule 6A-1.099811(16), F.A.C
81
Section 1008.33(4)(d), F.S. STORAGE NAME: h1285a.CIS PAGE: 11
DATE: 1/29/2024
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
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.
82
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.
Charter Schools
Present Situation
All charter schools in Florida are tuition-free public schools within the state’s public education
system.
83
One of the guiding principles of charter schools is to “meet high standards of student
achievement while providing parents flexibility to choose among diverse educational opportunities
within the state’s public school system.”
84
Charter schools operate under a performance contract with a
sponsor.
85
This performance contract is known as a “charter.”
86
An application for a new charter school may be made by an individual, teachers, parents, a group of
individuals, a municipality or a legal entity organized under Florida law.
87
The school must be organized
as, or be operated by a municipality, a public entity authorized under the law, or a nonprofit
organization.
88
While a charter school must be a public or nonprofit entity, it may be managed by a for-
profit education management organization.
89
Each charter school must have a governing board. The board is responsible for:
82
Section 1002.33(20)(a), F.S.
83
Section 1002.33(1), F.S. Florida’s first charter school law was enacted in 1996. Chapter 96-186, L.O.F., initially codified at s.
228.056, F.S., re-designated in 2002 as s. 1002.33, F.S.
84
Section 1002.33(2)(a)1., F.S.
85
Section 1002.33(1), (7), and (9)(a), F.S.
86
Section 1002.33(7) and (9)(c), F.S.
87
Section 1002.33(3)(a), F.S. see also Rule 6A-6.0786, F.A.C. and Florida Department of Education, Charter Schools, Model
Application Forms, https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Jan. 26, 2024).
88
Section 1002.33(12)(i), F.S.
89
Id. STORAGE NAME: h1285a.CIS PAGE: 12
DATE: 1/29/2024
negotiating the school’s charter agreement with its sponsor;
exercising continuing oversight over the school’s operations;
adopting and maintaining an annual operating budget;
ensuring that annual audits are conducted;
submitting monthly financial statements to the sponsor and implementing corrective actions to
remedy financial instability;
submitting the school’s annual progress report to the sponsor; and
adopting policies which establish standards of ethical conduct for educational support
employees, instructional personnel, and school administrators.
90
Restriction on Employment of Relatives
In a charter school operated by a private entity,
91
charter school personnel may not appoint, employ,
promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a
position in the charter school in which the personnel are serving or over which the personnel exercises
jurisdiction or control any individual who is a relative. An individual may not be appointed, employed,
promoted, or advanced in or to a position in a charter school if such appointment, employment,
promotion, or advancement has been advocated by charter school personnel who serve in or exercise
jurisdiction or control over the charter school and who is a relative of the individual or if such
appointment, employment, promotion, or advancement is made by the governing board of which a
relative of the individual is a member.
92
“Charter school personnel” is defined as a charter school owner, president, chairperson of the
governing board of directors, superintendent, governing board member, principal, assistant principal, or
any other person employed by the charter school who has equivalent decision-making authority and in
whom is vested the authority, or to whom the authority has been delegated, to appoint, employ,
promote, or advance individuals or to recommend individuals for appointment, employment, promotion,
or advancement in connection with employment in a charter school, including the authority as a
member of a governing body of a charter school to vote on the appointment, employment, promotion, or
advancement of individuals.
93
“Relative” means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,
husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
94
Annual Application Required for Tax Exemption
The Florida Constitution reserves to local governments the authority to levy ad valorem taxes on real
and tangible personal property.
95
Ad valorem taxes
96
are levied annually by counties, cities, school
districts, and some special districts based on the value of real and tangible personal property as of
January 1 of each year.
97
Each person or organization who meets the criteria for an ad valorem tax exemption may claim the
exemption if the claimant held legal title to the real or personal property subject to the exemption on
90
Section 1002.33(7), (9)(g)-(k), and (12)(g)3. F.S.
91
Section 1002.33(24)(a), F.S.
92
Section 1002.33(24)(b), F.S.
93
Section 1002.33(24)(a)1., F.S.
94
Section 1002.33(24)(a)2., F.S.
95
Art. VII, ss. 1(a), 9(a), Fla. Const.
96
An ad valorem tax means a tax based upon the assessed value of property. The term “property tax” may be used interchangeably
with the term “ad valorem tax. S. 192.001(1), F.S.
97
Section 192.001(12), F.S., defines “real property” as land, buildings, fixtures, and all other improvements to land. The terms “land,”
“real estate,” “realty,” and “real property” may be used interchangeably. S. 192.001(11)(d), F.S., defines “tangible personal property”
as all goods, chattels, and other articles of value (but does not include the vehicular items enumerated in Art. VII, s. 1(b) of the Florida
Constitution and elsewhere defined) capable of manual possession and whose chief value is intrinsic to the article itself. STORAGE NAME: h1285a.CIS PAGE: 13
DATE: 1/29/2024
January 1.
98
The application for exemption must be filed with the property appraiser on or before March
1 and failure to make an application constitutes a waiver of the exemption for that year. The application
must list and describe the property for which the exemption is being claimed and certify the ownership
and use of the property. The claimant must reapply for the exemption on an annual basis, unless the
property appraiser (subject to approval by a vote of the governing body of the county) has waived the
annual application requirement for property after an initial application is made and the exemption
granted.
99
Educational institutions within the state and their property used by them or by any other exempt entity
or educational institution exclusively for education purposes are exempt from taxation.
100
Property used
for educational purposes by a charter school is generally exempt from property tax; however, the
specific exemption involved is different depending on whether the charter school owns or leases the
property.
101
If the property is owned by the charter school, the charter school applies for the
exemption.
102
If the property is leased by the charter school, the landlord applies for the exemption.
103
When a charter school purchases the property that it previously leased, the charter school must apply
for a new exemption.
Under current law, the following organizations are exempt from having to make an annual application
for a property tax exemption:
houses of public worship, the lots on which they are located, personal property located therein
or thereon, parsonages, burial grounds and tombs owned by houses of public worship,
individually owned burial rights not held for speculation, or other such property not rented or
hired out for other than religious or educational purposes at any time;
household goods and personal effects of permanent residents of this state; and
property of the state or any county, any municipality, any school district, or community college
district thereof.
104
A charter school is not exempt from having to make an annual ad valorem tax exemption application.
Effect of Proposed Changes
Annual Application Required for Tax Exemption
The bill exempts an owner or lessee of a property used to house a charter school from having to make
an annual ad valorem tax exemption application. The bill provides that the owner or lessee of such
property is required to notify the property appraiser promptly whenever the use of the property or the
status or condition of the owner or lessee changes so as to change the exempt status of the property.
The bill provides penalties if any owner or lessee fails to notify the property appraiser and the property
appraiser determines that for any year within the prior 10 years the owner or lessee was not entitled to
receive such exemption. If this occurs, the owner or lessee of the property is subject to the taxes
exempted as a result of such failure plus 15 percent interest per annum and a penalty of 50 percent of
the taxes exempted.
The property appraiser making such determination must record in the public records of the county a
notice of tax lien against any property owned by that person or entity in the county, and such property
must be identified in the notice of tax lien. Such property is subject to the payment of all taxes and
penalties. Such lien when filed shall attach to any property, identified in the notice of tax lien, owned by
the person or entity who illegally or improperly received the exemption. If such person or entity no
longer owns property in that county but owns property in some other county or counties in the state, the
98
Section 196.011(1)(a), F.S.
99
Section 196.011(5) and (9)(a), F.S.
100
Section 196.198, F.S.
101
Compare ss. 196.198, F.S., and 196.1983, F.S.
102
Section 196.198, F.S.
103
Section 106.1983, F.S.
104
Section 196.011(3), F.S. STORAGE NAME: h1285a.CIS PAGE: 14
DATE: 1/29/2024
property appraiser will record a notice of tax lien in such other county or counties, identifying the
property owned by such person or entity in such county or counties, and it will become a lien against
that property.
Restriction on Employment of Relatives
The bill removes “charter school owner” from the definition of “charter school personnel.” This is an
outdated term as charter schools do not have owners, but instead have governing boards.
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.
105
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.
106
Educator Preparation Institutes
An educator preparation institute may be created by a postsecondary institution or a qualified private
provider and approved by the DOE.
107
Postsecondary institutions that are accredited or approved as
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.
108
105
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.
106
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.
107
Section 1004.85(1), F.S.
108
Sections 1004.85(2)(a) and 1012.39(1)(c), F.S. STORAGE NAME: h1285a.CIS PAGE: 15
DATE: 1/29/2024
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.
109
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.
110
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.
111
These laws and rules outline the standards of conduct expected
of certified educators in Florida.
112
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
113
that determines what penalty is
issued in each case.
114
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
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.
115
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.
116
109
Sections 1004.85(2)(b) and 1012.56, F.S.
110
Section 1004.85(3), F.S.
111
Rule 6A-10.081, F.A.C. contains the Principles of Professional Conduct for the Education Profession in Florida.
112
DOE, Role of Professional Practices Services, https://www.fldoe.org/teaching/professional-practices/role-of-professional-
practices-service.stml (lasted visited Jan. 21, 2024).
113
Section 1012.79, F.S.
114
DOE, Role of Professional Practices Services, https://www.fldoe.org/teaching/professional-practices/role-of-professional-
practices-service.stml (lasted visited Jan. 21, 2024).
115
Section 1012.79(5)-(6)(a), F.S.
116
Sections 17.03 and 1012.79(9), F.S. STORAGE NAME: h1285a.CIS PAGE: 16
DATE: 1/29/2024
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.
Working Students
Present Situation
Nationally, about 74 percent of part-time undergraduate students and 40 percent of full-time students in
the United States were employed in 2020, according to the most recent data from the National Center
for Education Statistics.
117
Being employed can help a student pay for classes and other living
expenses; it can also be associated, either positively or negatively, with a student’s academic
performance.
118
Overall, the percentages of undergraduates who worked at least 20 hours per week were higher for
part-time students than for full-time students. Specifically, 40 percent of part-time students worked 35 or
more hours, compared with 10 percent of full-time students. Additionally, 26 percent of part-time
students worked 20 to 34 hours per week, compared with 15 percent of full-time students. In contrast,
the percentages of undergraduates who worked less than 20 hours per week were higher for full-time
students than for part-time students. Three percent of full-time undergraduates were employed less
than 10 hours per week, and 9 percent were employed 10 to 19 hours per week. In comparison, 1
percent
of part-time students were employed less than 10 hours per week and 6 percent were
employed 10 to 19 hours per week.
119
In Florida, some public postsecondary programs place implicit or explicit restrictions on student
employment. For example, the Florida State University College of Law recommends that a full-time
student not work more than 20 hours per week in any semester the student is enrolled in more than 12
class hours.
120
At Valencia College, prospective nursing students are advised that if they choose to
work while in the program, a maximum of 15 hours of work per week is recommended due to the
demands of the program.
121
Foreign Country of Concern
Under Florida statute, a “foreign country of concern” means the People’s Republic of China, the
Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the
Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including
any agency of or any other entity under significant control of such foreign country of concern.
122
Effect of Proposed Changes
The bill prohibits a public postsecondary institution from implicitly or explicitly prohibiting applicants or
currently enrolled students from being employed, either full time or part time, as a condition of
admission to or enrollment in any of the institution’s schools, colleges, or programs.
117
National Center for Education Statistics, College Student Employment (May 2022),
https://nces.ed.gov/programs/coe/indicator/ssa/college-student-
employment#:~:text=Many%20undergraduate%20students%20ages%2016,time%20students%20(40%20percent (last visited Jan 26.,
2024).
118
Id.
119
Id.
120
See Florida State University College of Law, Employment Policy for Full-time Students, https://law.fsu.edu/careers/employer-
info/employment-policy-full-time-students (last visited Jan. 26, 2024).
121
See Valencia College- Nursing Program, Frequently Asked Questions, https://valenciacollege.edu/academics/programs/health-
sciences/nursing/frequently-asked-questions.php (last visited Jan. 26, 2024).
122
Section 288.860(1)(a), F.S. STORAGE NAME: h1285a.CIS PAGE: 17
DATE: 1/29/2024
The prohibition on employment does not apply if the applicant or currently enrolled student is employed
by an organization or agency that is affiliated or associated with a foreign country of concern.
Residency Status for Tuition Purposes
Present Situation
Current law requires students to be classified as residents or nonresidents for the purpose of assessing
tuition in postsecondary educational programs offered by charter technical career centers, career
centers operated by school districts, FCS institutions, and state universities. Students pay differing
tuition rates based on their status as a resident or nonresident of Florida.
123
Applicants to a postsecondary institution must meet certain qualifying standards in order to be classified
as a resident of Florida for tuition purposes. The applicant, or in the case of a dependent child, his or
her parents,
124
must establish legal residence in Florida and must have maintained legal residence for
at least 12 consecutive months immediately prior to the applicant’s enrollment in a postsecondary
institution.
125
Each applicant must provide to the institution a statement of length of residence and establish that his
or her presence in the state is for the purpose of maintaining a bona fide domicile and not as a
temporary residence or residence incident to enrollment.
126
Each institution of higher education must determine that an applicant granted admission as a Florida
resident meets the residency requirements at the time of initial enrollment. The residency determination
must be documented by the submission of written or electronic verification that includes two or more of
the specified documents, with no single piece of evidence considered conclusive.
127
The documents must include at least one of the following:
128
A Florida voter’s registration card.
A Florida driver license.
A State of Florida identification card.
A Florida vehicle registration.
Proof of a permanent home in Florida which is occupied as a primary residence by the individual
or by the individual’s parent if the individual is a dependent child.
Proof of a homestead exemption in Florida.
Transcripts from a Florida high school for multiple years if the Florida high school diploma or
high school equivalency diploma was earned within the last 12 months.
Proof of permanent full-time employment in Florida for at least 30 hours per week for a 12-
month period.
The documents may include one or more of the following:
129
A declaration of domicile in Florida.
A Florida professional or occupational license.
Florida incorporation.
123
Sections 1009.22, 1009.23, and 1009.24, F.S. Out-of-state tuition is established by each university board of trustees, subject to the
approval of the BOG. Section 1009.24(4)(c), F.S.
124
Section 1009.21(1)(f), F.S. The term “parent” is defined to mean “either or both parents of a student, any guardian of a student, or
any person in a parental relationship to a student.” The legal residence of a dependent child’s parents is prima facie evidence of the
dependent child’s residence. Section 1009.21(4), F.S.
125
Section 1009.21(2)(a)1., F.S. A legal resident, for purposes of tuition, is a person who has maintained his or her residence in
Florida for the preceding year, has purchased a home which is occupied by him or her as his or her residence, or has established a
domicile in Florida pursuant to s. 222.17, F.S. Section 1009.21(1)(d), F.S.
126
Section 1009.21(2)(a)2., F.S.
127
Section 1009.21(3)(c), F.S.
128
Section 1009.21(3)(c)1.a.-h., F.S.
129
Section 1009.21(3)(c)2.a.-f., F.S. STORAGE NAME: h1285a.CIS PAGE: 18
DATE: 1/29/2024
A document evidencing family ties in Florida.
Proof of membership in a Florida-based charitable or professional organization.
Any other documentation that supports the student’s request for resident status, including, but
not limited to, utility bills and proof of 12 consecutive months of payments; a lease agreement
and proof of 12 consecutive months of payments; or an official state, federal, or court document
evidencing legal ties to Florida.
Effect of Proposed Changes
The bill provides an additional method for a student to prove residency for tuition purposes. An
applicant can submit an application for property tax exemption for homestead property that has been
approved by a property appraiser, provided that such property has been continuously maintained as the
primary residence for at least 12 months before the first day of the semester for which the resident
status is being claimed. This document is deemed a single, conclusive piece of evidence proving
residency.
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.
130
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.
131
The AA degree
requirements consist of 60 total credit hours and include 36 credit hours of general education and 24
credit hours of electives.
132
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
133
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.
134
A baccalaureate degree must be no more than 120 semester hours of college credit, unless prior
approval has been granted by the BOG or the SBE, as applicable, and include 36 semester hours of
general education coursework.
135
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,
130
DOE, Florida College System (FCS), Academics, https://www.fldoe.org/schools/higher-ed/fl-college-system/academics/ (last
visited Jan. 21, 2024).
131
Id.
132
Section 1007.25(9), F.S.
133
Florida Shines, Common Prerequisites Manual, https://cpm.flvc.org/advance-search (last visited Jan. 21, 2024).
134
DOE, FCS, Academics, https://www.fldoe.org/schools/higher-ed/fl-college-system/academics/ (last visited Jan. 21, 2024).
135
Section 1007.25(10), F.S. and Board of Governors Regulation 6.017 STORAGE NAME: h1285a.CIS PAGE: 19
DATE: 1/29/2024
humanities, and natural sciences. All public postsecondary educational institutions are required to
accept these courses as meeting general education core course requirements.
136
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
137
and BOG regulation.
138
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.
139
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.
140
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.
141
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.
142
The Office of K-20 Articulation within the DOE provides administrative
support to the ACC.
143
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.
144
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.
145
Effect of Proposed Changes
136
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.
137
Rule 6A-14.0303, F.A.C.
138
Board of Governors Regulation 8.005.
139
Id. and r. 6A -14.0303(5), F.A.C.
140
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.
141
Section 1007.01(3), F.S.
142
Section 1007.01(3)(a) and (b), F.S.
143
Section 1007.01(3), F.S.; s. 20.15(3)(h), F.S.
144
Rule 6A-10.024(1), F.A.C.
145
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: h1285a.CIS PAGE: 20
DATE: 1/29/2024
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
146
and demonstration of
civic literacy competency.
147
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
146
Section 1007.262, F.S.
STORAGE NAME: h1285a.CIS PAGE: 21
DATE: 1/29/2024
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.
148
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.
149
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.
150
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.
151
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.
152
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.
153
Effect of Proposed Changes
The bill repeals the FCS Institution Employment Equity Accountability Program.
B. SECTION DIRECTORY:
Section 1: Amends s. 192.0105, F.S.; conforming cross-references.
Section 2: Amends s. 192.048, F.S.; conforming cross-references.
Section 3: Amends s. 196.082, F.S.; conforming cross-references.
Section 4: Amends s. 196.011, F.S.; providing that an annual application for exemption on property
used to house a charter school is not necessary; requiring the owner or lessee of such
property to notify the property appraiser in specified circumstances; providing penalties.
Section 5: Amends s. 1002.33, F.S.; revising the definition of the term “charter school personnel.”
Section 6: 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 7: 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 8: 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.
148
Section 1012.86(1), F.S.
149
Id.
150
Section 1012.86(3), F.S.
151
Section 1012.86(2), F.S.
152
Section 1012.86(4), F.S.
153
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: h1285a.CIS PAGE: 22
DATE: 1/29/2024
Section 9: 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 10: Creates s. 1004.051, F.S.; prohibiting a public postsecondary institution from implicitly or
explicitly prohibiting specified students from being employed; providing nonapplicability.
Section 11: 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.
Section 12: 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 13: Amends s. 1007.271, F.S.; requiring district school boards to make reasonable efforts to
enter into specified agreements with a Florida College System institution for certain
online courses.
Section 14: 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 15: Amends s. 1009.21, F.S.; providing an additional method for a student to prove
residency for tuition purposes.
Section 16: 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 17: Repeals s. 1012.86, F.S., relating to the Florida College System institution employment
equity accountability program.
Section 18: Amends s. 948.037, F.S.; conforming provisions to changes made by the act.
Section 19: Amends s. 1001.64, F.S.; conforming provisions to changes made by the act.
Section 20: Amends s. 1001.65, F.S.; conforming provisions to changes made by the act.
Section 21: Amends s. 1006.07, F.S.; conforming provisions to changes made by the act.
Section 22: Amends s. 1006.09, F.S.; conforming provisions to changes made by the act.
Section 23: Amends s. 1006.13, F.S.; conforming provisions to changes made by the act.
Section 24: Providing an effective date.
STORAGE NAME: h1285a.CIS PAGE: 23
DATE: 1/29/2024
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.
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 and BOG regulations 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
On January 25, 2024, the Choice & Innovation Subcommittee adopted four amendments and reported the bill
favorably as a committee substitute. The amendments:
require district school boards to make reasonable efforts to enter into dual enrollment
articulation agreements with a Florida College System institution which offers online dual
enrollment courses; STORAGE NAME: h1285a.CIS PAGE: 24
DATE: 1/29/2024
provide that it is not necessary to make an annual ad valorem tax exemption application for tax
exemption on property used to house a charter school and provides penalties if specified
notifications do not occur;
revise the definition of “charter school personnel;”
prohibit a public postsecondary institution from implicitly or explicitly prohibiting applicants or
currently enrolled students from being employed, either full time or part time, as a condition of
admission to or enrollment in any of the institution’s schools, colleges, or programs; and
provide a single-document method for a student to prove residency for tuition purposes through
using a homestead tax exemption.
The analysis is drafted to the committee substitute adopted by the Choice & Innovation Subcommittee.