Florida Senate - 2024 SB 1444 By Senator Calatayud 38-01559A-24 20241444__ 1 A bill to be entitled 2 An act relating to education; amending s. 1001.02, 3 F.S.; deleting a requirement that the State Board of 4 Education establish the cost of certain tuition and 5 fees; amending s. 1001.03, F.S.; deleting a 6 requirement that the state board identify certain 7 metrics and develop a specified plan relating to the 8 Florida College System; amending s. 1002.3105, F.S.; 9 deleting a requirement that a performance contract be 10 completed if a student participates in an Academically 11 Challenging Curriculum to Enhance Learning option; 12 providing that a performance contract may be used at 13 the discretion of the principal; repealing s. 14 1002.311, F.S., relating to single-gender programs; 15 amending s. 1002.34, F.S.; deleting a requirement for 16 the Commissioner of Education to provide for an annual 17 comparative evaluation of charter technical career 18 centers and public technical centers; amending s. 19 1002.45, F.S.; deleting a requirement that school 20 districts provide certain virtual instruction options 21 to students; deleting a requirement that virtual 22 instruction program providers be nonsectarian; 23 authorizing school districts to provide certain 24 students with the equipment and access necessary for 25 participation in virtual instruction programs; 26 amending s. 1002.82, F.S.; requiring the Department of 27 Education to review school readiness program plans 28 every 3 years, rather than every 2 years; amending s. 29 1002.85, F.S.; requiring early learning coalitions to 30 submit school readiness program plans to the 31 department every 3 years, rather than every 2 years; 32 amending s. 1003.4935, F.S.; deleting a requirement 33 that the department collect and report certain data 34 relating to a middle school career and professional 35 academy or a career-themed course; repealing s. 36 1003.4995, F.S., relating to the fine arts report 37 prepared by the Commissioner of Education; repealing 38 s. 1003.4996, F.S., relating to the Competency-Based 39 Education Pilot Program; amending s. 1003.49965, F.S.; 40 authorizing, rather than requiring, a school district 41 to hold an Art in the Capitol Competition; amending s. 42 1003.51, F.S.; deleting a requirement regarding 43 assessment procedures for Department of Juvenile 44 Justice education programs; revising requirements for 45 which assessment results must be included in a 46 students discharge packet; revising requirements for 47 when a district school board must face sanctions for 48 unsatisfactory performance in its Department of 49 Juvenile Justice programs; amending s. 1003.621, F.S.; 50 deleting a requirement for academically high 51 performing school districts to submit an annual report 52 to the state board; repealing s. 1004.925, F.S., 53 relating to automotive service technology education 54 programs and certification; amending s. 1006.28, F.S.; 55 revising the definition of the term adequate 56 instructional materials; authorizing school districts 57 to assess a processing fee for certain objections to 58 materials; providing requirements for the assessment 59 of such fee; providing for the return of such fee 60 under certain circumstances; requiring certain 61 information published and regularly updated by the 62 Department of Education to be sorted by grade level; 63 deleting a timeframe requirement for each district 64 school superintendent to notify the department about 65 instructional materials; deleting a requirement for 66 such notification; authorizing, rather than requiring, 67 a school principal to collect the purchase price of 68 instructional materials lost, destroyed, or 69 unnecessarily damaged by a student; amending s. 70 1006.283, F.S.; deleting a timeframe requirement for a 71 district school superintendent to certify to the 72 department that certain instructional materials meet 73 applicable state standards; amending s. 1007.33, F.S.; 74 deleting a provision authorizing the Board of Trustees 75 of St. Petersburg College to establish certain degree 76 programs; amending s. 1008.25, F.S.; revising 77 requirements for the administration of the coordinated 78 screening and progress monitoring system; providing 79 requirements for the administration of such system for 80 students in the summer prekindergarten program; 81 amending s. 1008.31, F.S.; revising a provision 82 relating to the No Child Left Behind Act of 2001; 83 amending s. 1008.332, F.S.; revising a provision 84 relating to the No Child Left Behind Act to relate to 85 the Every Student Succeeds Act; deleting a requirement 86 for certain committee members to annually report to 87 specified entities; amending s. 1008.34, F.S.; 88 requiring that certain changes made by the state board 89 to components in the school grades model or to the 90 school grading scale go into effect in the following 91 school year or later; conforming cross-references; 92 amending s. 1008.345, F.S.; deleting a requirement for 93 the department to develop an annual feedback report; 94 deleting a requirement for the Commissioner of 95 Education to review specified feedback reports and 96 submit findings to the state board; deleting certain 97 requirements for a report the commissioner produces 98 annually for the state board and Legislature; revising 99 what information certain community assessment team 100 recommendations are based on; amending s. 1008.45, 101 F.S.; deleting a requirement that the state board 102 provide a specified annual evaluation; amending ss. 103 1000.05, 1002.31, 1002.321, 1002.33, 1002.455, 104 1008.22, 1008.37, and 1013.841, F.S.; conforming 105 provisions and cross-references to changes made by the 106 act; providing an effective date. 107 108 Be It Enacted by the Legislature of the State of Florida: 109 110 Section 1.Subsection (5) of section 1001.02, Florida 111 Statutes, is amended to read: 112 1001.02General powers of State Board of Education. 113 (5)The State Board of Education is responsible for 114 reviewing and administering the state program of support for the 115 Florida College System institutions and, subject to existing 116 law, shall establish the tuition and out-of-state fees for 117 developmental education and for credit instruction that may be 118 counted toward an associate in arts degree, an associate in 119 applied science degree, or an associate in science degree. 120 Section 2.Subsection (17) of section 1001.03, Florida 121 Statutes, is amended to read: 122 1001.03Specific powers of State Board of Education. 123 (17)PLAN SPECIFYING GOALS AND OBJECTIVES.By July 1, 2013, 124 the State Board of Education shall identify performance metrics 125 for the Florida College System and develop a plan that specifies 126 goals and objectives for each Florida College System 127 institution. The plan must include: 128 (a)Performance metrics and standards common for all 129 institutions and metrics and standards unique to institutions 130 depending on institutional core missions, including, but not 131 limited to, remediation success, retention, graduation, 132 employment, transfer rates, licensure passage, excess hours, 133 student loan burden and default rates, job placement, faculty 134 awards, and highly respected rankings for institution and 135 program achievements. 136 (b)Student enrollment and performance data delineated by 137 method of instruction, including, but not limited to, 138 traditional, online, and distance learning instruction. 139 Section 3.Paragraphs (c) and (d) of subsection (4) of 140 section 1002.3105, Florida Statutes, are amended to read: 141 1002.3105Academically Challenging Curriculum to Enhance 142 Learning (ACCEL) options. 143 (4)ACCEL REQUIREMENTS. 144 (c)If a student participates in an ACCEL option pursuant 145 to the parental request under subparagraph (b)1., a performance 146 contract is not required but may be used at the discretion of 147 the principal must be executed by the student, the parent, and 148 the principal. At a minimum, the performance contract must 149 require compliance with: 150 1.Minimum student attendance requirements. 151 2.Minimum student conduct requirements. 152 3.ACCEL option requirements established by the principal, 153 which may include participation in extracurricular activities, 154 educational outings, field trips, interscholastic competitions, 155 and other activities related to the ACCEL option selected. 156 (d)If a principal initiates a students participation in 157 an ACCEL option, the students parent must be notified. A 158 performance contract, pursuant to paragraph (c), is not required 159 when a principal initiates participation but may be used at the 160 discretion of the principal. 161 Section 4.Section 1002.311, Florida Statutes, is repealed. 162 Section 5.Subsection (19) of section 1002.34, Florida 163 Statutes, is amended to read: 164 1002.34Charter technical career centers. 165 (19)EVALUATION; REPORT.The Commissioner of Education 166 shall provide for an annual comparative evaluation of charter 167 technical career centers and public technical centers. The 168 evaluation may be conducted in cooperation with the sponsor, 169 through private contracts, or by department staff. At a minimum, 170 the comparative evaluation must address the demographic and 171 socioeconomic characteristics of the students served, the types 172 and costs of services provided, and the outcomes achieved. By 173 December 30 of each year, the Commissioner of Education shall 174 submit to the Governor, the President of the Senate, the Speaker 175 of the House of Representatives, and the Senate and House 176 committees that have responsibility for secondary and 177 postsecondary career and technical education a report of the 178 comparative evaluation completed for the previous school year. 179 Section 6.Paragraphs (c) through (e) of subsection (1) of 180 section 1002.45, Florida Statutes, are redesignated as 181 paragraphs (b) through (d), respectively, and present paragraphs 182 (b), (c), and (e) of that subsection, subsection (2), paragraph 183 (d) of subsection (3), subsection (5), and paragraph (a) of 184 subsection (6) are amended, to read: 185 1002.45Virtual instruction programs. 186 (1)PROGRAM. 187 (b)1.Each school district shall provide at least one 188 option for part-time and full-time virtual instruction for 189 students residing within the school district. All school 190 districts must provide parents with timely written notification 191 of at least one open enrollment period for full-time students of 192 90 days or more which ends 30 days before the first day of the 193 school year. A school district virtual instruction program shall 194 consist of the following: 195 a.Full-time and part-time virtual instruction for students 196 enrolled in kindergarten through grade 12. 197 b.Full-time or part-time virtual instruction for students 198 enrolled in dropout prevention and academic intervention 199 programs under s. 1003.53, Department of Juvenile Justice 200 education programs under s. 1003.52, core-curricula courses to 201 meet class size requirements under s. 1003.03, or Florida 202 College System institutions under this section. 203 2.Each virtual instruction program established under 204 paragraph (c) by a school district either directly or through a 205 contract with an approved virtual instruction program provider 206 shall operate under its own Master School Identification Number 207 as prescribed by the department. 208 (b)(c)To provide students residing within the school 209 district the option of participating in virtual instruction 210 programs as required by paragraph (b), a school district may: 211 1.Contract with the Florida Virtual School or establish a 212 franchise of the Florida Virtual School pursuant to s. 213 1002.37(2) for the provision of a program under paragraph (b). 214 2.Contract with an approved virtual instruction program 215 provider under subsection (2) for the provision of a full-time 216 or part-time program under paragraph (b). 217 3.Enter into an agreement with other school districts to 218 allow the participation of its students in an approved virtual 219 instruction program provided by the other school district. The 220 agreement must indicate a process for the transfer of funds 221 required by paragraph (6)(b). 222 4.Establish school district operated part-time or full 223 time kindergarten through grade 12 virtual instruction programs. 224 5.Enter into an agreement with a virtual charter school 225 authorized by the school district under s. 1002.33. 226 227 Contracts under subparagraph 1. or subparagraph 2. may include 228 multidistrict contractual arrangements executed by a regional 229 consortium service organization established pursuant to s. 230 1001.451 for its member districts. A multidistrict contractual 231 arrangement or an agreement under subparagraph 3. is not subject 232 to s. 1001.42(4)(d) and does not require the participating 233 school districts to be contiguous. These arrangements may be 234 used to fulfill the requirements of paragraph (b). 235 (d)(e)Each school district shall: 236 1.Provide to the department by each October 1, a copy of 237 each contract and the amount paid per unweighted full-time 238 equivalent virtual student for services procured pursuant to 239 subparagraphs (b)1. and 2. (c)1. and 2. 240 2.Expend any difference in the amount of funds per 241 unweighted full-time equivalent virtual student allocated to the 242 school district pursuant to subsection (6) and the amount paid 243 per unweighted full-time equivalent virtual student by the 244 school district for a contract executed pursuant to subparagraph 245 (b)1. (c)1. or subparagraph (b)2. (c)2. on acquiring computer 246 and device hardware and associated operating system software 247 that comply with the requirements of s. 1001.20(4)(a)1.b. 248 3.Provide to the department by September 1 of each year an 249 itemized list of items acquired in subparagraph 2. 250 4.Limit the enrollment of full-time equivalent virtual 251 students residing outside of the school district providing the 252 virtual instruction pursuant to paragraph (b) (c) to no more 253 than those that can be funded from state Florida Education 254 Finance Program funds. 255 (2)PROVIDER QUALIFICATIONS. 256 (a)The department shall annually publish on its website a 257 list of providers approved by the State Board of Education to 258 offer virtual instruction programs. To be approved, a virtual 259 instruction program provider must document that it: 260 1.Is nonsectarian in its programs, admission policies, 261 employment practices, and operations; 262 2.Complies with the antidiscrimination provisions of s. 263 1000.05; 264 2.3.Locates an administrative office or offices in this 265 state, requires its administrative staff to be state residents, 266 requires all instructional staff to be Florida-certified 267 teachers under chapter 1012 and conducts background screenings 268 for all employees or contracted personnel, as required by s. 269 1012.32, using state and national criminal history records; 270 3.4.Electronically provides to parents and students 271 specific information that includes, but is not limited to, the 272 following teacher-parent and teacher-student contact information 273 for each course: 274 a.How to contact the instructor via phone, e-mail, or 275 online messaging tools. 276 b.How to contact technical support via phone, e-mail, or 277 online messaging tools. 278 c.How to contact the administration office via phone, e 279 mail, or online messaging tools. 280 d.Any requirement for regular contact with the instructor 281 for the course and clear expectations for meeting the 282 requirement. 283 e.The requirement that the instructor in each course must, 284 at a minimum, conduct one contact with the parent and the 285 student each month; 286 4.5.Possesses prior, successful experience offering 287 virtual instruction courses to elementary, middle, or high 288 school students as demonstrated by quantified student learning 289 gains in each subject area and grade level provided for 290 consideration as an instructional program option. However, for a 291 virtual instruction program provider without sufficient prior, 292 successful experience offering online courses, the State Board 293 of Education may conditionally approve the virtual instruction 294 program provider to offer courses measured pursuant to 295 subparagraph (7)(a)2. Conditional approval shall be valid for 1 296 school year only and, based on the virtual instruction program 297 providers experience in offering the courses, the State Board 298 of Education may grant approval to offer a virtual instruction 299 program; 300 5.6.Is accredited by a regional accrediting association as 301 defined by State Board of Education rule; 302 6.7.Ensures instructional and curricular quality through a 303 detailed curriculum and student performance accountability plan 304 that addresses every subject and grade level it intends to 305 provide through contract with the school district, including: 306 a.Courses and programs that meet the standards of the 307 International Association for K-12 Online Learning and the 308 Southern Regional Education Board. 309 b.Instructional content and services that align with, and 310 measure student attainment of, student proficiency in the state 311 academic standards. 312 c.Mechanisms that determine and ensure that a student has 313 satisfied requirements for grade level promotion and high school 314 graduation with a standard diploma, as appropriate; 315 7.8.Publishes, in accordance with disclosure requirements 316 adopted in rule by the State Board of Education, as part of its 317 application as an approved virtual instruction program provider 318 and in all contracts negotiated pursuant to this section: 319 a.Information and data about the curriculum of each full 320 time and part-time virtual instruction program. 321 b.School policies and procedures. 322 c.Certification status and physical location of all 323 administrative and instructional personnel. 324 d.Hours and times of availability of instructional 325 personnel. 326 e.Student-teacher ratios. 327 f.Student completion and promotion rates. 328 g.Student, educator, and school performance accountability 329 outcomes; 330 8.9.If the approved virtual instruction program provider 331 is a Florida College System institution, employs instructors who 332 meet the certification requirements for instructional staff 333 under chapter 1012; and 334 9.10.Performs an annual financial audit of its accounts 335 and records conducted by an independent auditor who is a 336 certified public accountant licensed under chapter 473. The 337 independent auditor shall conduct the audit in accordance with 338 rules adopted by the Auditor General and in compliance with 339 generally accepted auditing standards, and include a report on 340 financial statements presented in accordance with generally 341 accepted accounting principles. The audit report shall be 342 accompanied by a written statement from the approved virtual 343 instruction program provider in response to any deficiencies 344 identified within the audit report and shall be submitted by the 345 approved virtual instruction program provider to the State Board 346 of Education and the Auditor General no later than 9 months 347 after the end of the preceding fiscal year. 348 (b)An approved virtual instruction program provider that 349 maintains compliance with all requirements of this section shall 350 retain its approved status for a period of 3 school years after 351 the date of approval by the State Board of Education. 352 (3)VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS.Each virtual 353 instruction program under this section must: 354 (d)Provide each full-time student enrolled in the virtual 355 instruction program who qualifies for free or reduced-price 356 school lunches under the National School Lunch Act, or who is on 357 the direct certification list, and who does not have a computer 358 or Internet access in his or her home with: 359 1.All equipment necessary for participants in the virtual 360 instruction program, including, but not limited to, a computer, 361 computer monitor, and printer, if a printer is necessary to 362 participate in the virtual instruction program; and 363 2.Access to or reimbursement for all Internet services 364 necessary for online delivery of instruction. 365 366 A school district may provide each full-time student enrolled in 367 the virtual instruction program with the equipment and access 368 necessary for participation in the program. 369 (5)STUDENT PARTICIPATION REQUIREMENTS.Each student 370 enrolled in the school districts virtual instruction program 371 authorized pursuant to paragraph (1)(b) (1)(c) must: 372 (a)Comply with the compulsory attendance requirements of 373 s. 1003.21. Student attendance must be verified by the school 374 district. 375 (b)Take statewide assessments pursuant to s. 1008.22 and 376 participate in the coordinated screening and progress monitoring 377 system under s. 1008.25(9). Statewide assessments and progress 378 monitoring may be administered within the school district in 379 which such student resides, or as specified in the contract in 380 accordance with s. 1008.24(3). If requested by the approved 381 virtual instruction program provider or virtual charter school, 382 the district of residence must provide the student with access 383 to the districts testing facilities. 384 (6)VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL 385 FUNDING. 386 (a)All virtual instruction programs established pursuant 387 to paragraph (1)(b) (1)(c) are subject to the requirements of s. 388 1011.61(1)(c)1.b.(III), (IV), (VI), and (4), and the school 389 district providing the virtual instruction program shall report 390 the full-time equivalent students in a manner prescribed by the 391 department. A school district may report a full-time equivalent 392 student for credit earned by a student who is enrolled in a 393 virtual instruction course provided by the district which was 394 completed after the end of the regular school year if the full 395 time equivalent student is reported no later than the deadline 396 for amending the final full-time equivalent student membership 397 report for that year. 398 Section 7.Paragraph (e) of subsection (2) of section 399 1002.82, Florida Statutes, is amended to read: 400 1002.82Department of Education; powers and duties. 401 (2)The department shall: 402 (e)Review each early learning coalitions school readiness 403 program plan every 3 2 years and provide final approval of the 404 plan and any amendments submitted. 405 Section 8.Subsection (2) of section 1002.85, Florida 406 Statutes, is amended to read: 407 1002.85Early learning coalition plans. 408 (2)Each early learning coalition must biennially submit a 409 school readiness program plan every 3 years to the department 410 before the expenditure of funds. A coalition may not implement 411 its school readiness program plan until it receives approval 412 from the department. A coalition may not implement any revision 413 to its school readiness program plan until the coalition submits 414 the revised plan to and receives approval from the department. 415 If the department rejects a plan or revision, the coalition must 416 continue to operate under its previously approved plan. The plan 417 must include, but is not limited to: 418 (a)The coalitions operations, including its membership 419 and business organization, and the coalitions articles of 420 incorporation and bylaws if the coalition is organized as a 421 corporation. If the coalition is not organized as a corporation 422 or other business entity, the plan must include the contract 423 with a fiscal agent. 424 (b)The coalitions procedures for implementing the 425 requirements of this part, including: 426 1.Single point of entry. 427 2.Uniform waiting list. 428 3.Eligibility and enrollment processes and local 429 eligibility priorities for children pursuant to s. 1002.87. 430 4.Parent access and choice. 431 5.Sliding fee scale and policies on applying the waiver or 432 reduction of fees in accordance with s. 1002.84(9). 433 6.Use of preassessments and postassessments, as 434 applicable. 435 7.Use of contracted slots, as applicable, based on the 436 results of the assessment required under paragraph (i). 437 (c)A detailed description of the coalitions quality 438 activities and services, including, but not limited to: 439 1.Resource and referral and school-age child care. 440 2.Infant and toddler early learning. 441 3.Inclusive early learning programs. 442 4.Quality improvement strategies that strengthen teaching 443 practices and increase child outcomes. 444 (d)A detailed budget that outlines estimated expenditures 445 for state, federal, and local matching funds at the lowest level 446 of detail available by other-cost-accumulator code number; all 447 estimated sources of revenue with identifiable descriptions; a 448 listing of full-time equivalent positions; contracted 449 subcontractor costs with related annual compensation amount or 450 hourly rate of compensation; and a capital improvements plan 451 outlining existing fixed capital outlay projects and proposed 452 capital outlay projects that will begin during the budget year. 453 (e)A detailed accounting, in the format prescribed by the 454 department, of all revenues and expenditures during the 2 455 previous state fiscal years year. Revenue sources should be 456 identifiable, and expenditures should be reported by two 457 categories: state and federal funds and local matching funds. 458 (f)Updated policies and procedures, including those 459 governing procurement, maintenance of tangible personal 460 property, maintenance of records, information technology 461 security, and disbursement controls. 462 (g)A description of the procedures for monitoring school 463 readiness program providers, including in response to a parental 464 complaint, to determine that the standards prescribed in ss. 465 1002.82 and 1002.88 are met using a standard monitoring tool 466 adopted by the department. Providers determined to be high risk 467 by the coalition as demonstrated by substantial findings of 468 violations of law shall be monitored more frequently. 469 (h)Documentation that the coalition has solicited and 470 considered comments regarding the proposed school readiness 471 program plan from the local community. 472 (i)An assessment of local priorities within the county or 473 multicounty region based on the needs of families and provider 474 capacity using available community data. 475 Section 9.Subsection (3) of section 1003.4935, Florida 476 Statutes, is amended to read: 477 1003.4935Middle grades career and professional academy 478 courses and career-themed courses. 479 (3)Beginning with the 2012-2013 school year, if a school 480 district implements a middle school career and professional 481 academy or a career-themed course, the Department of Education 482 shall collect and report student achievement data pursuant to 483 performance factors identified under s. 1003.492(3) for students 484 enrolled in an academy or a career-themed course. 485 Section 10.Section 1003.4995, Florida Statutes, is 486 repealed. 487 Section 11.Section 1003.4996, Florida Statutes, is 488 repealed. 489 Section 12.Subsection (2) of section 1003.49965, Florida 490 Statutes, is amended to read: 491 1003.49965Art in the Capitol Competition. 492 (2)A Each school district may shall annually hold an Art 493 in the Capitol Competition for all public, private, and home 494 education students in grades 6 through 8. Submissions shall be 495 judged by a selection committee consisting of art teachers whose 496 students have not submitted artwork for consideration. 497 Section 13.Paragraphs (g) and (r) of subsection (2) of 498 section 1003.51, Florida Statutes, are amended to read: 499 1003.51Other public educational services. 500 (2)The State Board of Education shall adopt rules 501 articulating expectations for effective education programs for 502 students in Department of Juvenile Justice programs, including, 503 but not limited to, education programs in juvenile justice 504 prevention, day treatment, residential, and detention programs. 505 The rule shall establish policies and standards for education 506 programs for students in Department of Juvenile Justice programs 507 and shall include the following: 508 (g)Assessment procedures that, which: 509 1.For prevention, day treatment, and residential programs, 510 include appropriate academic and career assessments administered 511 at program entry and exit that are selected by the Department of 512 Education in partnership with representatives from the 513 Department of Juvenile Justice, district school boards, and 514 education providers. Assessments must be completed within the 515 first 10 school days after a students entry into the program. 516 2.provide for determination of the areas of academic need 517 and strategies for appropriate intervention and instruction for 518 each student in a detention facility within 5 school days after 519 the students entry into the program and for the administration 520 of administer a research-based assessment that will assist the 521 student in determining his or her educational and career options 522 and goals within 22 school days after the students entry into 523 the program. The results of the these assessments required under 524 this paragraph and s. 1003.52(3)(d), together with a portfolio 525 depicting the students academic and career accomplishments, 526 must shall be included in the discharge packet assembled for 527 each student. 528 (r)A series of graduated sanctions for district school 529 boards whose educational programs in Department of Juvenile 530 Justice programs are considered to be unsatisfactory and for 531 instances in which district school boards fail to meet standards 532 prescribed by law, rule, or State Board of Education policy. 533 These sanctions must shall include the option of requiring a 534 district school board to contract with a provider or another 535 district school board if the educational program at the 536 Department of Juvenile Justice program is performing below 537 minimum standards and, after 6 months, is still performing below 538 minimum standards. 539 Section 14.Subsection (4) of section 1003.621, Florida 540 Statutes, is amended to read: 541 1003.621Academically high-performing school districts.It 542 is the intent of the Legislature to recognize and reward school 543 districts that demonstrate the ability to consistently maintain 544 or improve their high-performing status. The purpose of this 545 section is to provide high-performing school districts with 546 flexibility in meeting the specific requirements in statute and 547 rules of the State Board of Education. 548 (4)REPORTS.The academically high-performing school 549 district shall submit to the State Board of Education and the 550 Legislature an annual report on December 1 which delineates the 551 performance of the school district relative to the academic 552 performance of students at each grade level in reading, writing, 553 mathematics, science, and any other subject that is included as 554 a part of the statewide assessment program in s. 1008.22. The 555 annual report shall be submitted in a format prescribed by the 556 Department of Education and shall include: 557 (a)Longitudinal performance of students on statewide, 558 standardized assessments taken under s. 1008.22; 559 (b)Longitudinal performance of students by grade level and 560 subgroup on statewide, standardized assessments taken under s. 561 1008.22; 562 (c)Longitudinal performance regarding efforts to close the 563 achievement gap; 564 (d)1.Number and percentage of students who take an 565 Advanced Placement Examination; and 566 2.Longitudinal performance regarding students who take an 567 Advanced Placement Examination by demographic group, 568 specifically by age, gender, race, and Hispanic origin, and by 569 participation in the National School Lunch Program; 570 (e)Evidence of compliance with subsection (1); and 571 (f)A description of each waiver and the status of each 572 waiver. 573 Section 15.Section 1004.925, Florida Statutes, is 574 repealed. 575 Section 16.Paragraph (a) of subsection (1), paragraphs (a) 576 and (e) of subsection (2), paragraph (b) of subsection (3), and 577 paragraph (b) of subsection (4) of section 1006.28, Florida 578 Statutes, are amended to read: 579 1006.28Duties of district school board, district school 580 superintendent; and school principal regarding K-12 581 instructional materials. 582 (1)DEFINITIONS. 583 (a)As used in this section, the term: 584 1.Adequate instructional materials means a sufficient 585 number of student or site licenses or sets of materials that are 586 available in bound, unbound, kit, or package form and may 587 consist of hardbacked or softbacked textbooks, electronic 588 content, consumables, learning laboratories, manipulatives, 589 electronic media, and computer courseware or software that serve 590 as the basis for instruction for each student in the core 591 subject areas of mathematics, language arts, social studies, 592 science, reading, and literature. 593 2.Instructional materials has the same meaning as in s. 594 1006.29(2). 595 3.Library media center means any collection of books, 596 ebooks, periodicals, or videos maintained and accessible on the 597 site of a school, including in classrooms. 598 (2)DISTRICT SCHOOL BOARD.The district school board has 599 the constitutional duty and responsibility to select and provide 600 adequate instructional materials for all students in accordance 601 with the requirements of this part. The district school board 602 also has the following specific duties and responsibilities: 603 (a)Courses of study; adoption.Adopt courses of study, 604 including instructional materials, for use in the schools of the 605 district. 606 1.Each district school board is responsible for the 607 content of all instructional materials and any other materials 608 used in a classroom, made available in a school or classroom 609 library, or included on a reading list, whether adopted and 610 purchased from the state-adopted instructional materials list, 611 adopted and purchased through a district instructional materials 612 program under s. 1006.283, or otherwise purchased or made 613 available. 614 2.Each district school board must adopt a policy regarding 615 an objection by a parent or a resident of the county to the use 616 of a specific material, which clearly describes a process to 617 handle all objections and provides for resolution. The objection 618 form, as prescribed by State Board of Education rule, and the 619 district school boards process must be easy to read and 620 understand and be easily accessible on the homepage of the 621 school districts website. The objection form must also identify 622 the school district point of contact and contact information for 623 the submission of an objection. The process must provide the 624 parent or resident the opportunity to proffer evidence to the 625 district school board that: 626 a.An instructional material does not meet the criteria of 627 s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in 628 a course or otherwise made available to students in the school 629 district but was not subject to the public notice, review, 630 comment, and hearing procedures under s. 1006.283(2)(b)8., 9., 631 and 11. 632 b.Any material used in a classroom, made available in a 633 school or classroom library, or included on a reading list 634 contains content which: 635 (I)Is pornographic or prohibited under s. 847.012; 636 (II)Depicts or describes sexual conduct as defined in s. 637 847.001(19), unless such material is for a course required by s. 638 1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or 639 identified by State Board of Education rule; 640 (III)Is not suited to student needs and their ability to 641 comprehend the material presented; or 642 (IV)Is inappropriate for the grade level and age group for 643 which the material is used. 644 645 A school district may assess a $100 processing fee for each 646 objection submitted by a parent or resident who does not have a 647 student enrolled in the school where the material is located if 648 the parent or resident has objected to more than five materials 649 during the calendar year. The school district must return to the 650 parent or resident the processing fee for each objection that is 651 upheld. Any material that is subject to an objection on the 652 basis of sub-sub-subparagraph b.(I) or sub-sub-subparagraph 653 b.(II) must be removed within 5 school days after of receipt of 654 the objection and remain unavailable to students of that school 655 until the objection is resolved. Parents shall have the right to 656 read passages from any material that is subject to an objection. 657 If the school board denies a parent the right to read passages 658 due to content that meets the requirements under sub-sub 659 subparagraph b.(I), the school district shall discontinue the 660 use of the material. If the district school board finds that any 661 material meets the requirements under sub-subparagraph a. or 662 that any other material contains prohibited content under sub 663 sub-subparagraph b.(I), the school district shall discontinue 664 use of the material. If the district school board finds that any 665 other material contains prohibited content under sub-sub 666 subparagraphs b.(II)-(IV), the school district shall discontinue 667 use of the material for any grade level or age group for which 668 such use is inappropriate or unsuitable. 669 3.Each district school board must establish a process by 670 which the parent of a public school student or a resident of the 671 county may contest the district school boards adoption of a 672 specific instructional material. The parent or resident must 673 file a petition, on a form provided by the school board, within 674 30 calendar days after the adoption of the instructional 675 material by the school board. The school board must make the 676 form available to the public and publish the form on the school 677 districts website. The form must be signed by the parent or 678 resident, include the required contact information, and state 679 the objection to the instructional material based on the 680 criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days 681 after the 30-day period has expired, the school board must, for 682 all petitions timely received, conduct at least one open public 683 hearing before an unbiased and qualified hearing officer. The 684 hearing officer may not be an employee or agent of the school 685 district. The hearing is not subject to the provisions of 686 chapter 120; however, the hearing must provide sufficient 687 procedural protections to allow each petitioner an adequate and 688 fair opportunity to be heard and present evidence to the hearing 689 officer. The school boards decision after convening a hearing 690 is final and not subject to further petition or review. 691 4.Meetings of committees convened for the purpose of 692 ranking, eliminating, or selecting instructional materials for 693 recommendation to the district school board must be noticed and 694 open to the public in accordance with s. 286.011. Any committees 695 convened for such purposes must include parents of students who 696 will have access to such materials. 697 5.Meetings of committees convened for the purpose of 698 resolving an objection by a parent or resident to specific 699 materials must be noticed and open to the public in accordance 700 with s. 286.011. Any committees convened for such purposes must 701 include parents of students who will have access to such 702 materials. 703 6.If a parent disagrees with the determination made by the 704 district school board on the objection to the use of a specific 705 material, a parent may request the Commissioner of Education to 706 appoint a special magistrate who is a member of The Florida Bar 707 in good standing and who has at least 5 years experience in 708 administrative law. The special magistrate shall determine facts 709 relating to the school districts determination, consider 710 information provided by the parent and the school district, and 711 render a recommended decision for resolution to the State Board 712 of Education within 30 days after receipt of the request by the 713 parent. The State Board of Education must approve or reject the 714 recommended decision at its next regularly scheduled meeting 715 that is more than 7 calendar days and no more than 30 days after 716 the date the recommended decision is transmitted. The costs of 717 the special magistrate shall be borne by the school district. 718 The State Board of Education shall adopt rules, including forms, 719 necessary to implement this subparagraph. 720 (e)Public participation.Publish on its website, in a 721 searchable format prescribed by the department, a list of all 722 instructional materials, including those used to provide 723 instruction required by s. 1003.42. Each district school board 724 must: 725 1.Provide access to all materials, excluding teacher 726 editions, in accordance with s. 1006.283(2)(b)8.a. before the 727 district school board takes any official action on such 728 materials. This process must include reasonable safeguards 729 against the unauthorized use, reproduction, and distribution of 730 instructional materials considered for adoption. 731 2.Select, approve, adopt, or purchase all materials as a 732 separate line item on the agenda and provide a reasonable 733 opportunity for public comment. The use of materials described 734 in this paragraph may not be selected, approved, or adopted as 735 part of a consent agenda. 736 3.Annually, beginning June 30, 2023, submit to the 737 Commissioner of Education a report that identifies: 738 a.Each material for which the school district received an 739 objection pursuant to subparagraph (a)2., including the grade 740 level and course the material was used in, for the school year 741 and the specific objections thereto. 742 b.Each material that was removed or discontinued. 743 c.Each material that was not removed or discontinued and 744 the rationale for not removing or discontinuing the material. 745 746 The department shall publish and regularly update a list of 747 materials that were removed or discontinued, sorted by grade 748 level, as a result of an objection and disseminate the list to 749 school districts for consideration in their selection 750 procedures. 751 (3)DISTRICT SCHOOL SUPERINTENDENT. 752 (b)Each district school superintendent shall annually 753 notify the department by April 1 of each year the state-adopted 754 instructional materials that will be requisitioned for use in 755 his or her school district. The notification shall include a 756 district school board plan for instructional materials use to 757 assist in determining if adequate instructional materials have 758 been requisitioned. 759 (4)SCHOOL PRINCIPAL.The school principal has the 760 following duties for the management and care of materials at the 761 school: 762 (b)Money collected for lost or damaged instructional 763 materials; enforcement.The school principal may shall collect 764 from each student or the students parent the purchase price of 765 any instructional material the student has lost, destroyed, or 766 unnecessarily damaged and to report and transmit the money 767 collected to the district school superintendent. A student who 768 fails to pay such sum may be suspended the failure to collect 769 such sum upon reasonable effort by the school principal may 770 result in the suspension of the student from participation in 771 extracurricular activities. A student may satisfy or 772 satisfaction of the debt by the student through community 773 service activities at the school site as determined by the 774 school principal, pursuant to policies adopted by district 775 school board rule. 776 Section 17.Subsection (1) of section 1006.283, Florida 777 Statutes, is amended to read: 778 1006.283District school board instructional materials 779 review process. 780 (1)A district school board or consortium of school 781 districts may implement an instructional materials program that 782 includes the review, recommendation, adoption, and purchase of 783 instructional materials. The district school superintendent 784 shall annually certify to the department by March 31 of each 785 year that all instructional materials for core courses used by 786 the district are aligned with applicable state standards. A list 787 of the core instructional materials that will be used or 788 purchased for use by the school district shall be included in 789 the certification. 790 Section 18.Subsection (4) of section 1007.33, Florida 791 Statutes, is amended to read: 792 1007.33Site-determined baccalaureate degree access. 793 (4)A Florida College System institution may: 794 (a)Offer specified baccalaureate degree programs through 795 formal agreements between the Florida College System institution 796 and other regionally accredited postsecondary educational 797 institutions pursuant to s. 1007.22. 798 (b)Offer baccalaureate degree programs that were 799 authorized by law before prior to July 1, 2009. 800 (c)Establish a first or subsequent baccalaureate degree 801 program for purposes of meeting district, regional, or statewide 802 workforce needs if approved by the State Board of Education 803 under this section. 804 805 The Board of Trustees of St. Petersburg College is authorized to 806 establish one or more bachelor of applied science degree 807 programs based on an analysis of workforce needs in Pinellas, 808 Pasco, and Hernando Counties and other counties approved by the 809 Department of Education. For each program selected, St. 810 Petersburg College must offer a related associate in science or 811 associate in applied science degree program, and the 812 baccalaureate degree level program must be designed to 813 articulate fully with at least one associate in science degree 814 program. The college is encouraged to develop articulation 815 agreements for enrollment of graduates of related associate in 816 applied science degree programs. The Board of Trustees of St. 817 Petersburg College is authorized to establish additional 818 baccalaureate degree programs if it determines a program is 819 warranted and feasible based on each of the factors in paragraph 820 (5)(d). Prior to developing or proposing a new baccalaureate 821 degree program, St. Petersburg College shall engage in need, 822 demand, and impact discussions with the state university in its 823 service district and other local and regional, accredited 824 postsecondary providers in its region. Documentation, data, and 825 other information from inter-institutional discussions regarding 826 program need, demand, and impact shall be provided to the 827 colleges board of trustees to inform the program approval 828 process. Employment at St. Petersburg College is governed by the 829 same laws that govern Florida College System institutions, 830 except that upper-division faculty are eligible for continuing 831 contracts upon the completion of the fifth year of teaching. 832 Employee records for all personnel shall be maintained as 833 required by s. 1012.81. 834 Section 19.Paragraph (b) of subsection (9) of section 835 1008.25, Florida Statutes, is amended, to read: 836 1008.25Public school student progression; student support; 837 coordinated screening and progress monitoring; reporting 838 requirements. 839 (9)COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM. 840 (b)Beginning with the 2022-2023 school year, private 841 Voluntary Prekindergarten Education Program providers and public 842 schools must participate in the coordinated screening and 843 progress monitoring system pursuant to this paragraph. 844 1.For students in the school-year Voluntary 845 Prekindergarten Education Program through grade 2, the 846 coordinated screening and progress monitoring system must be 847 administered at least three times within a program year or 848 school year, as applicable, with the first administration 849 occurring no later than the first 30 instructional days after a 850 students enrollment or the start of the program year or school 851 year, the second administration occurring midyear, and the third 852 administration occurring within the last 30 days of the program 853 or school year pursuant to state board rule. The state board may 854 adopt alternate timeframes to address nontraditional school year 855 calendars or summer programs to ensure the coordinated screening 856 and progress monitoring program is administered a minimum of 857 three times within a year or program. 858 2.For students in the summer prekindergarten program, the 859 coordinated screening and progress monitoring system must be 860 administered two times, with the first administration occurring 861 no later than the first 10 instructional days after a students 862 enrollment or the start of the summer prekindergarten program, 863 and the second administration occurring within the last 10 days 864 of the summer prekindergarten program pursuant to state board 865 rule. 866 3.2.For grades 3 through 10 English Language Arts and 867 grades 3 through 8 Mathematics, the coordinated screening and 868 progress monitoring system must be administered at the 869 beginning, middle, and end of the school year pursuant to state 870 board rule. The end-of-year administration of the coordinated 871 screening and progress monitoring system must be a comprehensive 872 progress monitoring assessment administered in accordance with 873 the scheduling requirements under s. 1008.22(7)(c). 874 Section 20.Paragraph (c) of subsection (1) of section 875 1008.31, Florida Statutes, is amended to read: 876 1008.31Floridas Early Learning-20 education performance 877 accountability system; legislative intent; mission, goals, and 878 systemwide measures; data quality improvements. 879 (1)LEGISLATIVE INTENT.It is the intent of the Legislature 880 that: 881 (c)The Early Learning-20 education performance 882 accountability system comply with the requirements of the Every 883 Student Succeeds Act of 2015, Pub. L. No. 11495, No Child 884 Left Behind Act of 2001, Pub. L. No. 107-110, and the 885 Individuals with Disabilities Education Act (IDEA). 886 Section 21.Section 1008.332, Florida Statutes, is amended 887 to read: 888 1008.332Committee of practitioners pursuant to federal 889 Every Student Succeeds No Child Left Behind Act.The Department 890 of Education shall establish a committee of practitioners 891 pursuant to federal requirements of the Every Student Succeeds 892 No Child Left Behind Act of 2015 2001. The committee members 893 shall be appointed by the Commissioner of Education and shall 894 annually report to the Governor, the President of the Senate, 895 and the Speaker of the House of Representatives by January 1. 896 The committee shall meet regularly and is authorized to review 897 potential rules and policies that will be considered by the 898 State Board of Education. 899 Section 22.Paragraph (c) of subsection (3) and subsection 900 (5) of section 1008.34, Florida Statutes, are amended to read: 901 1008.34School grading system; school report cards; 902 district grade. 903 (3)DESIGNATION OF SCHOOL GRADES. 904 (c)1.The calculation of a school grade shall be based on 905 the percentage of points earned from the components listed in 906 subparagraph (b)1. and, if applicable, subparagraph (b)2. The 907 State Board of Education shall adopt in rule a school grading 908 scale that sets the percentage of points needed to earn each of 909 the school grades listed in subsection (2). There shall be at 910 least five percentage points separating the percentage 911 thresholds needed to earn each of the school grades. The state 912 board shall annually review the percentage of school grades of 913 A and B for the school year to determine whether to adjust 914 the school grading scale upward for the following school years 915 school grades. The first adjustment would occur no earlier than 916 the 2023-2024 school year. An adjustment must be made if the 917 percentage of schools earning a grade of A or B in the 918 current year represents 75 percent or more of all graded schools 919 within a particular school type, which consists of elementary, 920 middle, high, and combination. The adjustment must reset the 921 minimum required percentage of points for each grade of A, 922 B, C, or D at the next highest percentage ending in the 923 numeral 5 or 0, whichever is closest to the current percentage. 924 Annual reviews of the percentage of schools earning a grade of 925 A or B and adjustments to the required points must be 926 suspended when the following grading scale for a specific school 927 type is achieved: 928 a.Ninety percent or more of the points for a grade of A. 929 b.Eighty to eighty-nine percent of the points for a grade 930 of B. 931 c.Seventy to seventy-nine percent of the points for a 932 grade of C. 933 d.Sixty to sixty-nine percent of the points for a grade of 934 D. 935 936 When the state board adjusts the grading scale upward, the state 937 board must inform the public of the degree of the adjustment and 938 its anticipated impact on school grades. Any changes made by the 939 state board to components in the school grades model or to the 940 school grading scale shall go into effect in the following 941 school year, at the earliest. 942 2.The calculation of school grades may not include any 943 provision that would raise or lower the schools grade beyond 944 the percentage of points earned. Extra weight may not be added 945 in the calculation of any components. 946 (5)DISTRICT GRADE.Beginning with the 2014-2015 school 947 year, a school districts grade shall include a district-level 948 calculation of the components under paragraph (3)(b). This 949 calculation methodology captures each eligible student in the 950 district who may have transferred among schools within the 951 district or is enrolled in a school that does not receive a 952 grade. The department shall develop a district report card that 953 includes the district grade; the information required under s. 954 1008.345(3) s. 1008.345(5); measures of the districts progress 955 in closing the achievement gap between higher-performing student 956 subgroups and lower-performing student subgroups; measures of 957 the districts progress in demonstrating Learning Gains of its 958 highest-performing students; measures of the districts success 959 in improving student attendance; the districts grade-level 960 promotion of students scoring achievement levels 1 and 2 on 961 statewide, standardized English Language Arts and Mathematics 962 assessments; and measures of the districts performance in 963 preparing students for the transition from elementary to middle 964 school, middle to high school, and high school to postsecondary 965 institutions and careers. 966 Section 23.Subsections (5) through (7) of section 967 1008.345, Florida Statutes, are renumbered as subsections (3) 968 through (5), respectively, and present subsections (3), (4), and 969 (5) and paragraph (d) of present subsection (6) of that section 970 are amended, to read: 971 1008.345Implementation of state system of school 972 improvement and education accountability. 973 (3)The annual feedback report shall be developed by the 974 Department of Education. 975 (4)The commissioner shall review each district school 976 boards feedback report and submit findings to the State Board 977 of Education. If adequate progress is not being made toward 978 implementing and maintaining a system of school improvement and 979 education accountability, the State Board of Education shall 980 direct the commissioner to prepare and implement a corrective 981 action plan. The commissioner and State Board of Education shall 982 monitor the development and implementation of the corrective 983 action plan. 984 (3)(5)The commissioner shall annually report to the State 985 Board of Education and the Legislature and recommend changes in 986 state policy necessary to foster school improvement and 987 education accountability. The report must shall include: 988 (a)for each school district: 989 (a)1.The percentage of students, by school and grade 990 level, demonstrating learning growth in English Language Arts 991 and mathematics. 992 (b)2.The percentage of students, by school and grade 993 level, in both the highest and lowest quartiles demonstrating 994 learning growth in English Language Arts and mathematics. 995 (c)3.The information contained in the school districts 996 annual report required pursuant to s. 1008.25(10). 997 (b)Intervention and support strategies used by school 998 districts whose students in both the highest and lowest 999 quartiles exceed the statewide average learning growth for 1000 students in those quartiles. 1001 (c)Intervention and support strategies used by school 1002 districts whose schools provide educational services to youth in 1003 Department of Juvenile Justice programs that demonstrate 1004 learning growth in English Language Arts and mathematics that 1005 exceeds the statewide average learning growth for students in 1006 those subjects. 1007 (d)Based upon a review of each school districts reading 1008 instruction plan submitted pursuant to s. 1003.4201, 1009 intervention and support strategies used by school districts 1010 that were effective in improving the reading performance of 1011 students, as indicated by student performance data, who are 1012 identified as having a substantial reading deficiency pursuant 1013 to s. 1008.25(5)(a). 1014 1015 School reports must shall be distributed pursuant to this 1016 subsection and s. 1001.42(18)(c) and according to rules adopted 1017 by the State Board of Education. 1018 (4)(6) 1019 (d)The commissioner shall assign a community assessment 1020 team to each school district or governing board with a school 1021 that earned a grade of D or F pursuant to s. 1008.34 to 1022 review the school performance data and determine causes for the 1023 low performance, including the role of school, area, and 1024 district administrative personnel. The community assessment team 1025 shall review a high schools graduation rate calculated without 1026 high school equivalency diploma recipients for the past 3 years, 1027 disaggregated by student ethnicity. The team shall make 1028 recommendations to the school board or the governing board and 1029 to the State Board of Education based on the interventions and 1030 support strategies identified pursuant to subsection (5) to 1031 address the causes of the schools low performance and to 1032 incorporate the strategies into the school improvement plan. The 1033 assessment team shall include, but not be limited to, a 1034 department representative, parents, business representatives, 1035 educators, representatives of local governments, and community 1036 activists, and shall represent the demographics of the community 1037 from which they are appointed. 1038 Section 24.Subsection (3) of section 1008.45, Florida 1039 Statutes, is amended to read: 1040 1008.45Florida College System institution accountability 1041 process. 1042 (3)The State Board of Education shall address within the 1043 annual evaluation of the performance of the executive director, 1044 and the Florida College System institution boards of trustees 1045 shall address within the annual evaluation of the presidents, 1046 the achievement of the performance goals established by the 1047 accountability process. 1048 Section 25.Paragraph (d) of subsection (2) of section 1049 1000.05, Florida Statutes, is amended to read: 1050 1000.05Discrimination against students and employees in 1051 the Florida K-20 public education system prohibited; equality of 1052 access required. 1053 (2) 1054 (d)Students may be separated by sex for a single-gender 1055 program as provided under s. 1002.311, for any portion of a 1056 class that deals with human reproduction, or during 1057 participation in bodily contact sports. For the purpose of this 1058 section, bodily contact sports include wrestling, boxing, rugby, 1059 ice hockey, football, basketball, and other sports in which the 1060 purpose or major activity involves bodily contact. 1061 Section 26.Paragraph (b) of subsection (2) of section 1062 1002.31, Florida Statutes, is amended to read: 1063 1002.31Controlled open enrollment; public school parental 1064 choice. 1065 (2) 1066 (b)Each school district and charter school capacity 1067 determinations for its schools, by grade level, must be updated 1068 every 12 weeks and be identified on the school district and 1069 charter schools websites. In determining the capacity of each 1070 district school, the district school board shall incorporate the 1071 specifications, plans, elements, and commitments contained in 1072 the school district educational facilities plan and the long 1073 term work programs required under s. 1013.35. Each charter 1074 school governing board shall determine capacity based upon its 1075 charter school contract. Each virtual charter school and each 1076 school district with a contract with an approved virtual 1077 instruction program provider shall determine capacity based upon 1078 the enrollment requirements established under s. 1002.45(1)(d)4. 1079 s. 1002.45(1)(e)4. 1080 Section 27.Subsection (3) of section 1002.321, Florida 1081 Statutes, is amended to read: 1082 1002.321Digital learning. 1083 (3)CUSTOMIZED AND ACCELERATED LEARNING.A school district 1084 must establish multiple opportunities for student participation 1085 in part-time and full-time kindergarten through grade 12 virtual 1086 instruction. Options include, but are not limited to: 1087 (a)School district operated part-time or full-time virtual 1088 instruction programs under s. 1002.45 s. 1002.45(1)(b) for 1089 kindergarten through grade 12 students enrolled in the school 1090 district. A full-time program shall operate under its own Master 1091 School Identification Number. 1092 (b)Florida Virtual School instructional services 1093 authorized under s. 1002.37. 1094 (c)Blended learning instruction provided by charter 1095 schools authorized under s. 1002.33. 1096 (d)Virtual charter school instruction authorized under s. 1097 1002.33. 1098 (e)Courses delivered in the traditional school setting by 1099 personnel providing direct instruction through virtual 1100 instruction or through blended learning courses consisting of 1101 both traditional classroom and online instructional techniques 1102 pursuant to s. 1003.498. 1103 (f)Virtual courses offered in the course code directory to 1104 students within the school district or to students in other 1105 school districts throughout the state pursuant to s. 1003.498. 1106 Section 28.Subsection (1), paragraph (a) of subsection 1107 (6), and paragraph (a) of subsection (10) of section 1002.33, 1108 Florida Statutes, are amended to read: 1109 1002.33Charter schools. 1110 (1)AUTHORIZATION.All charter schools in Florida are 1111 public schools and shall be part of the states program of 1112 public education. A charter school may be formed by creating a 1113 new school or converting an existing public school to charter 1114 status. A charter school may operate a virtual charter school 1115 pursuant to s. 1002.45(1)(c) s. 1002.45(1)(d) to provide online 1116 instruction to students, pursuant to s. 1002.455, in 1117 kindergarten through grade 12. The school district in which the 1118 student enrolls in the virtual charter school shall report the 1119 student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and 1120 the home school district shall not report the student for 1121 funding. An existing charter school that is seeking to become a 1122 virtual charter school must amend its charter or submit a new 1123 application pursuant to subsection (6) to become a virtual 1124 charter school. A virtual charter school is subject to the 1125 requirements of this section; however, a virtual charter school 1126 is exempt from subparagraph (7)(a)13., subsections (18) and 1127 (19), paragraph (20)(c), and s. 1003.03. A public school may not 1128 use the term charter in its name unless it has been approved 1129 under this section. 1130 (6)APPLICATION PROCESS AND REVIEW.Charter school 1131 applications are subject to the following requirements: 1132 (a)A person or entity seeking to open a charter school 1133 shall prepare and submit an application on the standard 1134 application form prepared by the Department of Education which: 1135 1.Demonstrates how the school will use the guiding 1136 principles and meet the statutorily defined purpose of a charter 1137 school. 1138 2.Provides a detailed curriculum plan that illustrates how 1139 students will be provided services to attain the state academic 1140 standards. 1141 3.Contains goals and objectives for improving student 1142 learning and measuring that improvement. These goals and 1143 objectives must indicate how much academic improvement students 1144 are expected to show each year, how success will be evaluated, 1145 and the specific results to be attained through instruction. 1146 4.Describes the reading curriculum and differentiated 1147 strategies that will be used for students reading at grade level 1148 or higher and a separate curriculum and strategies for students 1149 who are reading below grade level. Reading instructional 1150 strategies for foundational skills shall include phonics 1151 instruction for decoding and encoding as the primary 1152 instructional strategy for word reading. Instructional 1153 strategies may not employ the three-cueing system model of 1154 reading or visual memory as a basis for teaching word reading. 1155 Such strategies may include visual information and strategies 1156 that improve background and experiential knowledge, add context, 1157 and increase oral language and vocabulary to support 1158 comprehension, but may not be used to teach word reading. A 1159 sponsor shall deny an application if the school does not propose 1160 a reading curriculum that is consistent with effective teaching 1161 strategies that are grounded in scientifically based reading 1162 research. 1163 5.Contains an annual financial plan for each year 1164 requested by the charter for operation of the school for up to 5 1165 years. This plan must contain anticipated fund balances based on 1166 revenue projections, a spending plan based on projected revenues 1167 and expenses, and a description of controls that will safeguard 1168 finances and projected enrollment trends. 1169 6.Discloses the name of each applicant, governing board 1170 member, and all proposed education services providers; the name 1171 and sponsor of any charter school operated by each applicant, 1172 each governing board member, and each proposed education 1173 services provider that has closed and the reasons for the 1174 closure; and the academic and financial history of such charter 1175 schools, which the sponsor shall consider in deciding whether to 1176 approve or deny the application. 1177 7.Contains additional information a sponsor may require, 1178 which shall be attached as an addendum to the charter school 1179 application described in this paragraph. 1180 8.For the establishment of a virtual charter school, 1181 documents that the applicant has contracted with a provider of 1182 virtual instruction services pursuant to s. 1002.45(1)(c) s. 1183 1002.45(1)(d). 1184 9.Describes the mathematics curriculum and differentiated 1185 strategies that will be used for students performing at grade 1186 level or higher and a separate mathematics curriculum and 1187 strategies for students who are performing below grade level. 1188 (10)ELIGIBLE STUDENTS. 1189 (a)1.A charter school may be exempt from the requirements 1190 of s. 1002.31 if the school is open to any student covered in an 1191 interdistrict agreement and any student residing in the school 1192 district in which the charter school is located. 1193 2.A virtual charter school when enrolling students shall 1194 comply with the applicable requirements of s. 1002.31 and with 1195 the enrollment requirements established under s. 1002.45(1)(d)4. 1196 s. 1002.45(1)(e)4. 1197 3.A charter lab school shall be open to any student 1198 eligible to attend the lab school as provided in s. 1002.32 or 1199 who resides in the school district in which the charter lab 1200 school is located. 1201 4.Any eligible student shall be allowed interdistrict 1202 transfer to attend a charter school when based on good cause. 1203 Good cause shall include, but is not limited to, geographic 1204 proximity to a charter school in a neighboring school district. 1205 Section 29.Subsections (1), (2), and (5) of section 1206 1002.455, Florida Statutes, are amended to read: 1207 1002.455Student eligibility for K-12 virtual instruction. 1208 All students, including home education and private school 1209 students, are eligible to participate in any of the following 1210 virtual instruction options: 1211 (1)School district operated part-time or full-time 1212 kindergarten through grade 12 virtual instruction programs 1213 pursuant to s. 1002.45(1)(b)4. s. 1002.45(1)(c)4. to students 1214 within the school district. 1215 (2)Part-time or full-time virtual charter school 1216 instruction authorized pursuant to s. 1002.45(1)(b)5. s. 1217 1002.45(1)(c)5. to students within the school district or to 1218 students in other school districts throughout the state pursuant 1219 to s. 1002.31; however, the school district enrolling the full 1220 time equivalent virtual student shall comply with the enrollment 1221 requirements established under s. 1002.45(1)(d)4. s. 1222 1002.45(1)(e)4. 1223 (5)Virtual instruction provided by a school district 1224 through a contract with an approved virtual instruction program 1225 provider pursuant to s. 1002.45(1)(b)2. s. 1002.45(1)(c)2. to 1226 students within the school district or to students in other 1227 school districts throughout the state pursuant to s. 1002.31; 1228 however the school district enrolling the full-time equivalent 1229 virtual student shall comply with the enrollment requirements 1230 established under s. 1002.45(1)(d)4. s. 1002.45(1)(e)4. 1231 Section 30.Paragraph (a) of subsection (3) and paragraph 1232 (e) of subsection (7) of section 1008.22, Florida Statutes, are 1233 amended to read: 1234 1008.22Student assessment program for public schools. 1235 (3)STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.The 1236 Commissioner of Education shall design and implement a 1237 statewide, standardized assessment program aligned to the core 1238 curricular content established in the state academic standards. 1239 The commissioner also must develop or select and implement a 1240 common battery of assessment tools that will be used in all 1241 juvenile justice education programs in the state. These tools 1242 must accurately measure the core curricular content established 1243 in the state academic standards. Participation in the assessment 1244 program is mandatory for all school districts and all students 1245 attending public schools, including adult students seeking a 1246 standard high school diploma under s. 1003.4282 and students in 1247 Department of Juvenile Justice education programs, except as 1248 otherwise provided by law. If a student does not participate in 1249 the assessment program, the school district must notify the 1250 students parent and provide the parent with information 1251 regarding the implications of such nonparticipation. The 1252 statewide, standardized assessment program shall be designed and 1253 implemented as follows: 1254 (a)Statewide, standardized comprehensive assessments. 1255 1.The statewide, standardized English Language Arts (ELA) 1256 assessments shall be administered to students in grades 3 1257 through 10. Retake opportunities for the grade 10 ELA assessment 1258 must be provided. Reading passages and writing prompts for ELA 1259 assessments shall incorporate grade-level core curricula content 1260 from social studies. The statewide, standardized Mathematics 1261 assessments shall be administered annually in grades 3 through 1262 8. The statewide, standardized Science assessment shall be 1263 administered annually at least once at the elementary and middle 1264 grades levels. In order to earn a standard high school diploma, 1265 a student who has not earned a passing score on the grade 10 ELA 1266 assessment must earn a passing score on the assessment retake or 1267 earn a concordant score as authorized under subsection (9). 1268 2.Beginning with the 2022-2023 school year, the end-of 1269 year comprehensive progress monitoring assessment administered 1270 pursuant to s. 1008.25(9)(b)3. s. 1008.25(9)(b)2. is the 1271 statewide, standardized ELA assessment for students in grades 3 1272 through 10 and the statewide, standardized Mathematics 1273 assessment for students in grades 3 through 8. 1274 (7)ASSESSMENT SCHEDULES AND REPORTING OF RESULTS. 1275 (e)A school district may not schedule more than 5 percent 1276 of a students total school hours in a school year to administer 1277 statewide, standardized assessments; the coordinated screening 1278 and progress monitoring system under s. 1008.25(9)(b)3. s. 1279 1008.25(9)(b)2.; and district-required local assessments. The 1280 district must secure written consent from a students parent 1281 before administering district-required local assessments that, 1282 after applicable statewide, standardized assessments and 1283 coordinated screening and progress monitoring are scheduled, 1284 exceed the 5 percent test administration limit for that student 1285 under this paragraph. The 5 percent test administration limit 1286 for a student under this paragraph may be exceeded as needed to 1287 provide test accommodations that are required by an IEP or are 1288 appropriate for an English language learner who is currently 1289 receiving services in a program operated in accordance with an 1290 approved English language learner district plan pursuant to s. 1291 1003.56. Notwithstanding this paragraph, a student may choose 1292 within a school year to take an examination or assessment 1293 adopted by State Board of Education rule pursuant to this 1294 section and ss. 1007.27, 1008.30, and 1008.44. 1295 Section 31.Subsection (4) of section 1008.37, Florida 1296 Statutes, is amended to read: 1297 1008.37Postsecondary feedback of information to high 1298 schools. 1299 (4)As a part of the school improvement plan pursuant to s. 1300 1008.345, the State Board of Education shall ensure that each 1301 school district and high school develops strategies to improve 1302 student readiness for the public postsecondary level based on 1303 annual analysis of the feedback report data. 1304 Section 32.Paragraph (a) of subsection (4) of section 1305 1013.841, Florida Statutes, is amended to read: 1306 1013.841End of year balance of Florida College System 1307 institution funds. 1308 (4)A Florida College System institution identified in 1309 paragraph (3)(b) must include in its carry forward spending plan 1310 the estimated cost per planned expenditure and a timeline for 1311 completion of the expenditure. Authorized expenditures in a 1312 carry forward spending plan may include: 1313 (a)Commitment of funds to a public education capital 1314 outlay project for which an appropriation was previously 1315 provided, which requires additional funds for completion, and 1316 which is included in the list required by s. 1001.03(18)(d) s. 1317 1001.03(19)(d); 1318 Section 33.This act shall take effect July 1, 2024.