Bill Text: FL S0254 | 2021 | Regular Session | Introduced
Bill Title: Education
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Education [S0254 Detail]
Download: Florida-2021-S0254-Introduced.html
Florida Senate - 2021 SB 254 By Senator Stewart 13-00129-21 2021254__ 1 A bill to be entitled 2 An act relating to education; amending s. 1002.33, 3 F.S.; conforming a provision to changes made by the 4 act; expanding the information that charter schools 5 must include on their websites; requiring specified 6 teachers to have received, at a minimum, a bachelor’s 7 degree; revising requirements for all charter school 8 facilities to include compliance with the State 9 Requirements for Educational Facilities of the Florida 10 Building Code; amending s. 1002.42, F.S.; revising the 11 information required to be included in a specified 12 database relating to private schools; requiring 13 private schools to provide specified students with a 14 certain amount of time for recess; requiring private 15 school students to participate in the statewide 16 assessment program; requiring private schools to 17 establish curricula that meet specified standards; 18 requiring teachers employed by or working under 19 contract with private schools to meet specified 20 requirements; requiring private schools to comply with 21 the State Requirements for Educational Facilities of 22 the Florida Building Code; providing for injunctive 23 relief under certain circumstances; authorizing 24 attorney fees and costs; amending s. 1003.455, F.S.; 25 deleting an exception relating to charter schools’ 26 compliance with a specified provision; amending s. 27 1008.34, F.S.; requiring private schools to be graded 28 according to specified rules; requiring private 29 schools to assess at least 95 percent of eligible 30 students; deleting obsolete language; requiring the 31 Department of Education to annually develop, in 32 collaboration with private schools, a school report 33 card that private schools provides to parents; 34 amending s. 1013.385, F.S.; conforming a provision to 35 changes made by the act; reenacting ss. 36 163.3180(6)(h), 1002.32(9)(c), and 1002.345(1)(a), 37 F.S., relating to concurrency, developmental research 38 (laboratory) schools’ funding, and determination of 39 deteriorating financial conditions and financial 40 emergencies for charter schools and charter technical 41 career centers, respectively, to incorporate the 42 amendment made to s. 1002.33, F.S., in references 43 thereto; reenacting ss. 1002.385(2)(g), 1002.421(1), 44 and 1007.271(2), F.S., relating to the Gardiner 45 Scholarship, state school choice scholarship program 46 accountability and oversight, and dual enrollment 47 programs, respectively, to incorporate the amendment 48 made to s. 1002.42, F.S., in references thereto; 49 providing an effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Paragraph (a) of subsection (7), paragraph (p) 54 of subsection (9), paragraph (f) of subsection (12), and 55 paragraph (a) of subsection (18) of section 1002.33, Florida 56 Statutes, are amended to read: 57 1002.33 Charter schools.— 58 (7) CHARTER.—The terms and conditions for the operation of 59 a charter school shall be set forth by the sponsor and the 60 applicant in a written contractual agreement, called a charter. 61 The sponsor and the governing board of the charter school shall 62 use the standard charter contract pursuant to subsection (21), 63 which shall incorporate the approved application and any addenda 64 approved with the application. Any term or condition of a 65 proposed charter contract that differs from the standard charter 66 contract adopted by rule of the State Board of Education shall 67 be presumed a limitation on charter school flexibility. The 68 sponsor may not impose unreasonable rules or regulations that 69 violate the intent of giving charter schools greater flexibility 70 to meet educational goals. The charter shall be signed by the 71 governing board of the charter school and the sponsor, following 72 a public hearing to ensure community input. 73 (a) The charter shall address and criteria for approval of 74 the charter shall be based on: 75 1. The school’s mission, the students to be served, and the 76 ages and grades to be included. 77 2. The focus of the curriculum, the instructional methods 78 to be used, any distinctive instructional techniques to be 79 employed, and identification and acquisition of appropriate 80 technologies needed to improve educational and administrative 81 performance which include a means for promoting safe, ethical, 82 and appropriate uses of technology which comply with legal and 83 professional standards. 84 a. The charter shall ensure that reading is a primary focus 85 of the curriculum and that resources are provided to identify 86 and provide specialized instruction for students who are reading 87 below grade level. The curriculum and instructional strategies 88 for reading must be consistent with the Next Generation Sunshine 89 State Standards and grounded in scientifically based reading 90 research. 91 b. In order to provide students with access to diverse 92 instructional delivery models, to facilitate the integration of 93 technology within traditional classroom instruction, and to 94 provide students with the skills they need to compete in the 95 21st century economy, the Legislature encourages instructional 96 methods for blended learning courses consisting of both 97 traditional classroom and online instructional techniques. 98 Charter schools may implement blended learning courses which 99 combine traditional classroom instruction and virtual 100 instruction. Students in a blended learning course must be full 101 time students of the charter school pursuant to s. 102 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 103 1012.55 who provide virtual instruction for blended learning 104 courses may be employees of the charter school or may be under 105 contract to provide instructional services to charter school 106 students. At a minimum, such instructional personnel must hold 107 an active state or school district adjunct certification under 108 s. 1012.57 for the subject area of the blended learning course. 109 The funding and performance accountability requirements for 110 blended learning courses are the same as those for traditional 111 courses. 112 3. The current incoming baseline standard of student 113 academic achievement, the outcomes to be achieved, and the 114 method of measurement that will be used. The criteria listed in 115 this subparagraph shall include a detailed description of: 116 a. How the baseline student academic achievement levels and 117 prior rates of academic progress will be established. 118 b. How these baseline rates will be compared to rates of 119 academic progress achieved by these same students while 120 attending the charter school. 121 c. To the extent possible, how these rates of progress will 122 be evaluated and compared with rates of progress of other 123 closely comparable student populations. 124 125 The district school board is required to provide academic 126 student performance data to charter schools for each of their 127 students coming from the district school system, as well as 128 rates of academic progress of comparable student populations in 129 the district school system. 130 4. The methods used to identify the educational strengths 131 and needs of students and how well educational goals and 132 performance standards are met by students attending the charter 133 school. The methods shall provide a means for the charter school 134 to ensure accountability to its constituents by analyzing 135 student performance data and by evaluating the effectiveness and 136 efficiency of its major educational programs. Students in 137 charter schools shall, at a minimum, participate in the 138 statewide assessment program created under s. 1008.22. 139 5. In secondary charter schools, a method for determining 140 that a student has satisfied the requirements for graduation in 141 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 142 6. A method for resolving conflicts between the governing 143 board of the charter school and the sponsor. 144 7. The admissions procedures and dismissal procedures, 145 including the school’s code of student conduct. Admission or 146 dismissal must not be based on a student’s academic performance. 147 8. The ways by which the school will achieve a 148 racial/ethnic balance reflective of the community it serves or 149 within the racial/ethnic range of other public schools in the 150 same school district. 151 9. The financial and administrative management of the 152 school, including a reasonable demonstration of the professional 153 experience or competence of those individuals or organizations 154 applying to operate the charter school or those hired or 155 retained to perform such professional services and the 156 description of clearly delineated responsibilities and the 157 policies and practices needed to effectively manage the charter 158 school. A description of internal audit procedures and 159 establishment of controls to ensure that financial resources are 160 properly managed must be included. Both public sector and 161 private sector professional experience shall be equally valid in 162 such a consideration. 163 10. The asset and liability projections required in the 164 application which are incorporated into the charter and shall be 165 compared with information provided in the annual report of the 166 charter school. 167 11. A description of procedures that identify various risks 168 and provide for a comprehensive approach to reduce the impact of 169 losses; plans to ensure the safety and security of students and 170 staff; plans to identify, minimize, and protect others from 171 violent or disruptive student behavior; and the manner in which 172 the school will be insured, including whether or not the school 173 will be required to have liability insurance, and, if so, the 174 terms and conditions thereof and the amounts of coverage. 175 12. The term of the charter which shall provide for 176 cancellation of the charter if insufficient progress has been 177 made in attaining the student achievement objectives of the 178 charter and if it is not likely that such objectives can be 179 achieved before expiration of the charter. The initial term of a 180 charter shall be for 5 years, excluding 2 planning years. In 181 order to facilitate access to long-term financial resources for 182 charter school construction, charter schools that are operated 183 by a municipality or other public entity as provided by law are 184 eligible for up to a 15-year charter, subject to approval by the 185 district school board. A charter lab school is eligible for a 186 charter for a term of up to 15 years. In addition, to facilitate 187 access to long-term financial resources for charter school 188 construction, charter schools that are operated by a private, 189 not-for-profit, s. 501(c)(3) status corporation are eligible for 190 up to a 15-year charter, subject to approval by the district 191 school board. Such long-term charters remain subject to annual 192 review and may be terminated during the term of the charter, but 193 only according to the provisions set forth in subsection (8). 194 13. The facilities to be used and their location. The 195 sponsor may not require a charter school to have a certificate 196 of occupancy or a temporary certificate of occupancy for such a 197 facility earlier than 15 calendar days before the first day of 198 school. 199 14. The qualifications to be required of the teachers and 200 the potential strategies used to recruit, hire, train, and 201 retain qualified staff to achieve best value, notwithstanding 202 the requirements of paragraph (12)(f). 203 15. The governance structure of the school, including the 204 status of the charter school as a public or private employer as 205 required in paragraph (12)(i). 206 16. A timetable for implementing the charter which 207 addresses the implementation of each element thereof and the 208 date by which the charter shall be awarded in order to meet this 209 timetable. 210 17. In the case of an existing public school that is being 211 converted to charter status, alternative arrangements for 212 current students who choose not to attend the charter school and 213 for current teachers who choose not to teach in the charter 214 school after conversion in accordance with the existing 215 collective bargaining agreement or district school board rule in 216 the absence of a collective bargaining agreement. However, 217 alternative arrangements shall not be required for current 218 teachers who choose not to teach in a charter lab school, except 219 as authorized by the employment policies of the state university 220 which grants the charter to the lab school. 221 18. Full disclosure of the identity of all relatives 222 employed by the charter school who are related to the charter 223 school owner, president, chairperson of the governing board of 224 directors, superintendent, governing board member, principal, 225 assistant principal, or any other person employed by the charter 226 school who has equivalent decisionmaking authority. For the 227 purpose of this subparagraph, the term “relative” means father, 228 mother, son, daughter, brother, sister, uncle, aunt, first 229 cousin, nephew, niece, husband, wife, father-in-law, mother-in 230 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 231 stepfather, stepmother, stepson, stepdaughter, stepbrother, 232 stepsister, half brother, or half sister. 233 19. Implementation of the activities authorized under s. 234 1002.331 by the charter school when it satisfies the eligibility 235 requirements for a high-performing charter school. A high 236 performing charter school shall notify its sponsor in writing by 237 March 1 if it intends to increase enrollment or expand grade 238 levels the following school year. The written notice shall 239 specify the amount of the enrollment increase and the grade 240 levels that will be added, as applicable. 241 (9) CHARTER SCHOOL REQUIREMENTS.— 242 (p)1. Each charter school shall maintain a website that 243 enables the public to obtain information regarding the school; 244 the school’s academic performance; the school’s graduation 245 rates; students’ results on the statewide, standardized 246 assessment; the names of the governing board members; the 247 programs at the school; any management companies, service 248 providers, or education management corporations associated with 249 the school; the school’s annual budget and its annual 250 independent fiscal audit; the school’s grade pursuant to s. 251 1008.34; and, on a quarterly basis, the minutes of governing 252 board meetings. 253 2. Each charter school’s governing board must appoint a 254 representative to facilitate parental involvement, provide 255 access to information, assist parents and others with questions 256 and concerns, and resolve disputes. The representative must 257 reside in the school district in which the charter school is 258 located and may be a governing board member, a charter school 259 employee, or an individual contracted to represent the governing 260 board. If the governing board oversees multiple charter schools 261 in the same school district, the governing board must appoint a 262 separate representative for each charter school in the district. 263 The representative’s contact information must be provided 264 annually in writing to parents and posted prominently on the 265 charter school’s website. The sponsor may not require governing 266 board members to reside in the school district in which the 267 charter school is located if the charter school complies with 268 this subparagraph. 269 3. Each charter school’s governing board must hold at least 270 two public meetings per school year in the school district where 271 the charter school is located. The meetings must be noticed, 272 open, and accessible to the public, and attendees must be 273 provided an opportunity to receive information and provide input 274 regarding the charter school’s operations. The appointed 275 representative and charter school principal or director, or his 276 or her designee, must be physically present at each meeting. 277 Members of the governing board may attend in person or by means 278 of communications media technology used in accordance with rules 279 adopted by the Administration Commission under s. 120.54(5). 280 (12) EMPLOYEES OF CHARTER SCHOOLS.— 281 (f) Teachers employed by or under contract to a charter 282 school mustshallbe certified as required by chapter 1012 and 283 must, at a minimum, have received a bachelor’s degree. A charter 284 school governing board may employ or contract with skilled 285 selected noncertified personnel to provide instructional 286 services or to assist instructional staff members as education 287 paraprofessionals in the same manner as defined in chapter 1012, 288 and as provided by State Board of Education rule for charter 289 school governing boards. A charter school may not knowingly 290 employ an individual to provide instructional services or to 291 serve as an education paraprofessional if the individual’s 292 certification or licensure as an educator is suspended or 293 revoked by this or any other state. A charter school may not 294 knowingly employ an individual who has resigned from a school 295 district in lieu of disciplinary action with respect to child 296 welfare or safety, or who has been dismissed for just cause by 297 any school district with respect to child welfare or safety. The 298 qualifications of teachers shall be disclosed to parents. 299 (18) FACILITIES.— 300 (a)A startup charter school shall utilize facilities which301comply with the Florida Building Code pursuant to chapter 553302except for the State Requirements for Educational Facilities.303Conversion charter schools shall utilize facilities that comply304with the State Requirements for Educational Facilities provided305that the school district and the charter school have entered306into a mutual management plan for the reasonable maintenance of307such facilities. The mutual management plan shall contain a308provision by which the district school board agrees to maintain309charter school facilities in the same manner as its other public310schools within the district.Charter schools shall comply, with311the exception of conversion charter schools, are not required to312comply, but may choose to comply,with the State Requirements 313 for Educational Facilities of the Florida Building Code adopted 314 pursuant to s. 1013.37. The local governing authority may not 315shall notadopt or impose any local building requirements or 316 site-development restrictions, such as parking and site-size 317 criteria, student enrollment, and occupant load, that are 318 addressed by and more stringent than those found in the State 319 Requirements for Educational Facilities of the Florida Building 320 Code. A local governing authority must treat charter schools 321 equitably in comparison to similar requirements, restrictions, 322 and site planning processes imposed upon public schools that are 323 not charter schools. The agency having jurisdiction for 324 inspection of a facility and issuance of a certificate of 325 occupancy or use shall be the local municipality or, if in an 326 unincorporated area, the county governing authority. If an 327 official or employee of the local governing authority refuses to 328 comply with this paragraph, the aggrieved school or entity has 329 an immediate right to bring an action in circuit court to 330 enforce its rights by injunction. An aggrieved party that 331 receives injunctive relief may be awarded attorney fees and 332 court costs. 333 Section 2. Paragraph (a) of subsection (2) of section 334 1002.42, Florida Statutes, is amended, and subsections (18) 335 through (22) are added to that section, to read: 336 1002.42 Private schools.— 337 (2) ANNUAL PRIVATE SCHOOL SURVEY.— 338 (a) The Department of Education shall organize, maintain, 339 and annually update a database of educational institutions 340 within the state coming within the provisions of this section. 341There shall be included inThe database of each institution must 342 include the name, address, and telephone number of the 343 institution; the type of institution; the names of 344 administrative officers; the enrollment by grade or special 345 group (e.g., career education and exceptional child education); 346 the number of graduates and the graduation rates; the number of 347 instructional and administrative personnel; the number of days 348 the school is in session; students’ results on the statewide, 349 standardized assessment; the school’s annual budget; and such 350 data as may be needed to meet the provisions of this section and 351 s. 1003.23(2). 352 (18) PHYSICAL EDUCATION.—Each private school shall provide 353 at least 100 minutes of supervised, safe, and unstructured free 354 play recess each week for students in kindergarten through grade 355 5 so that there are at least 20 consecutive minutes of free-play 356 recess per day. 357 (19) STATEWIDE, STANDARDIZED ASSESSMENTS.—Students in 358 private schools shall participate in the statewide assessment 359 program created under s. 1008.22. 360 (20) NEXT GENERATION SUNSHINE STATE STANDARDS.—Each private 361 school shall establish a curriculum that meets the standards set 362 forth in s. 1003.41. 363 (21) PRIVATE SCHOOL CLASSROOM TEACHERS.—Teachers employed 364 by or under contract with a private school shall be certified as 365 required by chapter 1012 and must, at a minimum, hold a 366 bachelor’s degree. 367 (22) FACILITIES.—Private schools must comply with the State 368 Requirements for Educational Facilities of the Florida Building 369 Code adopted pursuant to s. 1013.37. The local governing 370 authority may not adopt or impose any local building 371 requirements or site-development restrictions, such as parking 372 and site-size criteria, student enrollment, and occupant load, 373 that are addressed by and more stringent than those found in the 374 State Requirements for Educational Facilities of the Florida 375 Building Code. A local governing authority must treat private 376 schools equitably with regard to requirements, restrictions, and 377 site planning processes imposed upon public schools. The agency 378 having jurisdiction for inspection of a facility and issuance of 379 a certificate of occupancy or use is the local municipality or, 380 if the private school is in an unincorporated area, the county 381 governing authority. If an official or employee of the local 382 governing authority refuses to comply with this subsection, the 383 aggrieved school or entity has an immediate right to bring an 384 action in circuit court to enforce its rights by injunction. An 385 aggrieved party that receives injunctive relief may be awarded 386 attorney fees and court costs. 387 Section 3. Subsection (6) of section 1003.455, Florida 388 Statutes, is amended, and subsection (3) of that section is 389 republished, to read: 390 1003.455 Physical education; assessment.— 391 (3) Each district school board shall provide 150 minutes of 392 physical education each week for students in kindergarten 393 through grade 5 and for students in grade 6 who are enrolled in 394 a school that contains one or more elementary grades so that on 395 any day during which physical education instruction is conducted 396 there are at least 30 consecutive minutes per day. Beginning 397 with the 2009-2010 school year, the equivalent of one class 398 period per day of physical education for one semester of each 399 year is required for students enrolled in grades 6 through 8. 400 Students enrolled in such instruction shall be reported through 401 the periodic student membership surveys, and records of such 402 enrollment shall be audited pursuant to s. 1010.305. Such 403 instruction may be provided by any instructional personnel as 404 defined in s. 1012.01(2), regardless of certification, who are 405 designated by the school principal. 406 (6) In addition to the requirements in subsection (3), each 407 district school board shall provide at least 100 minutes of 408 supervised, safe, and unstructured free-play recess each week 409 for students in kindergarten through grade 5 so that there are 410 at least 20 consecutive minutes of free-play recess per day. 411This requirement does not apply to charter schools.412 Section 4. Subsection (2), paragraphs (a) and (b) of 413 subsection (3), and subsection (4) of section 1008.34, Florida 414 Statutes, are amended to read: 415 1008.34 School grading system; school report cards; 416 district grade.— 417 (2) SCHOOL GRADES.—Schools, including private schools, 418 shall be graded using one of the following grades, defined 419 according to rules of the State Board of Education: 420 (a) “A,” schools making excellent progress. 421 (b) “B,” schools making above average progress. 422 (c) “C,” schools making satisfactory progress. 423 (d) “D,” schools making less than satisfactory progress. 424 (e) “F,” schools failing to make adequate progress. 425 426 Each school that earns a grade of “A” or improves at least two 427 letter grades may have greater authority over the allocation of 428 the school’s total budget generated from the FEFP, state 429 categoricals, lottery funds, grants, and local funds. 430 (3) DESIGNATION OF SCHOOL GRADES.— 431 (a) Each school, including private schools, must assess at 432 least 95 percent of its eligible students, except as provided 433 under s. 1008.341 for alternative schools. Each school shall 434 receive a school grade based on the school’s performance on the 435 components listed in subparagraphs (b)1. and 2. If a school does 436 not have at least 10 students with complete data for one or more 437 of the components listed in subparagraphs (b)1. and 2., those 438 components may not be used in calculating the school’s grade. 439 1. An alternative school may choose to receive a school 440 grade under this section or a school improvement rating under s. 441 1008.341. For charter schools that meet the definition of an 442 alternative school pursuant to State Board of Education rule, 443 the decision to receive a school grade is the decision of the 444 charter school governing board. 445 2. A school that serves any combination of students in 446 kindergarten through grade 3 that does not receive a school 447 grade because its students are not tested and included in the 448 school grading system shall receive the school grade designation 449 of a K-3 feeder pattern school identified by the Department of 450 Education and verified by the school district. A school feeder 451 pattern exists if a majority of the students in the school 452 serving a combination of students in kindergarten through grade 453 3 are scheduled to be assigned to the graded school. 454 3. If a collocated school does not earn a school grade or 455 school improvement rating for the performance of its students, 456 the student performance data of all schools operating at the 457 same facility must be aggregated to develop a school grade that 458 will be assigned to all schools at that location. A collocated 459 school is a school that has its own unique master school 460 identification number, provides for the education of each of its 461 enrolled students, and operates at the same facility as another 462 school that has its own unique master school identification 463 number and provides for the education of each of its enrolled 464 students. 465 (b)1.Beginning with the 2014-2015 school year,A school’s 466 grade shall be based on the following components, each worth 100 467 points: 468 a. The percentage of eligible students passing statewide, 469 standardized assessments in English Language Arts under s. 470 1008.22(3). 471 b. The percentage of eligible students passing statewide, 472 standardized assessments in mathematics under s. 1008.22(3). 473 c. The percentage of eligible students passing statewide, 474 standardized assessments in science under s. 1008.22(3). 475 d. The percentage of eligible students passing statewide, 476 standardized assessments in social studies under s. 1008.22(3). 477 e. The percentage of eligible students who make Learning 478 Gains in English Language Arts as measured by statewide, 479 standardized assessments administered under s. 1008.22(3). 480 f. The percentage of eligible students who make Learning 481 Gains in mathematics as measured by statewide, standardized 482 assessments administered under s. 1008.22(3). 483 g. The percentage of eligible students in the lowest 25 484 percent in English Language Arts, as identified by prior year 485 performance on statewide, standardized assessments, who make 486 Learning Gains as measured by statewide, standardized English 487 Language Arts assessments administered under s. 1008.22(3). 488 h. The percentage of eligible students in the lowest 25 489 percent in mathematics, as identified by prior year performance 490 on statewide, standardized assessments, who make Learning Gains 491 as measured by statewide, standardized Mathematics assessments 492 administered under s. 1008.22(3). 493 i. For schools comprised of middle grades 6 through 8 or 494 grades 7 and 8, the percentage of eligible students passing high 495 school level statewide, standardized end-of-course assessments 496 or attaining national industry certifications identified in the 497 CAPE Industry Certification Funding List pursuant to state board 498 rule. 499 500 In calculating Learning Gains for the components listed in sub 501 subparagraphs e.-h., the State Board of Education shall require 502 that learning growth toward achievement levels 3, 4, and 5 is 503 demonstrated by students who scored below each of those levels 504 in the prior year. In calculating the components in sub 505 subparagraphs a.-d., the state board shall include the 506 performance of English language learners only if they have been 507 enrolled in a school in the United States for more than 2 years. 508 2. For a school comprised of grades 9, 10, 11, and 12, or 509 grades 10, 11, and 12, the school’s grade shall also be based on 510 the following components, each worth 100 points: 511 a. The 4-year high school graduation rate of the school as 512 defined by state board rule. 513 b. The percentage of students who were eligible to earn 514 college and career credit through College Board Advanced 515 Placement examinations, International Baccalaureate 516 examinations, dual enrollment courses, including career dual 517 enrollment courses resulting in the completion of 300 or more 518 clock hours during high school which are approved by the state 519 board as meeting the requirements of s. 1007.271, or Advanced 520 International Certificate of Education examinations; who, at any 521 time during high school, earned national industry certification 522 identified in the CAPE Industry Certification Funding List, 523 pursuant to rules adopted by the state board; or, beginning with 524 the 2022-2023 school year, who earned an Armed Services 525 Qualification Test score that falls within Category II or higher 526 on the Armed Services Vocational Aptitude Battery and earned a 527 minimum of two credits in Junior Reserve Officers’ Training 528 Corps courses from the same branch of the United States Armed 529 Forces. 530 (4) SCHOOL REPORT CARD.—The Department of Education shall 531 annually develop, in collaboration with the school districts and 532 private schools, a school report card to be provided by the 533 school district or private school, as applicable, to parents 534 within the district. The report card shall include the school’s 535 grade; student performance in English Language Arts, 536 mathematics, science, and social studies; information regarding 537 school improvement; an explanation of school performance as 538 evaluated by the federal Elementary and Secondary Education Act 539 (ESEA), 20 U.S.C. ss. 6301 et seq.; and indicators of return on 540 investment. Each school’s report card shall be published 541 annually by the department on its website based upon the most 542 recent data available. 543 Section 5. Paragraph (e) of subsection (2) of section 544 1013.385, Florida Statutes, is amended to read: 545 1013.385 School district construction flexibility.— 546 (2) A resolution adopted under this section may propose 547 implementation of exceptions to requirements of the uniform 548 statewide building code for the planning and construction of 549 public educational and ancillary plants adopted pursuant to ss. 550 553.73 and 1013.37 relating to: 551(e) Any other provisions that limit the ability of a school552to operate in a facility on the same basis as a charter school553pursuant to s. 1002.33(18) so long as the regional planning554council determines that there is sufficient shelter capacity555within the school district as documented in the Statewide556Emergency Shelter Plan.557 Section 6. For the purpose of incorporating the amendment 558 made by this act to section 1002.33, Florida Statutes, in a 559 reference thereto, paragraph (h) of subsection (6) of section 560 163.3180, Florida Statutes, is reenacted to read: 561 163.3180 Concurrency.— 562 (6) 563 (h)1. In order to limit the liability of local governments, 564 a local government may allow a landowner to proceed with 565 development of a specific parcel of land notwithstanding a 566 failure of the development to satisfy school concurrency, if all 567 the following factors are shown to exist: 568 a. The proposed development would be consistent with the 569 future land use designation for the specific property and with 570 pertinent portions of the adopted local plan, as determined by 571 the local government. 572 b. The local government’s capital improvements element and 573 the school board’s educational facilities plan provide for 574 school facilities adequate to serve the proposed development, 575 and the local government or school board has not implemented 576 that element or the project includes a plan that demonstrates 577 that the capital facilities needed as a result of the project 578 can be reasonably provided. 579 c. The local government and school board have provided a 580 means by which the landowner will be assessed a proportionate 581 share of the cost of providing the school facilities necessary 582 to serve the proposed development. 583 2. If a local government applies school concurrency, it may 584 not deny an application for site plan, final subdivision 585 approval, or the functional equivalent for a development or 586 phase of a development authorizing residential development for 587 failure to achieve and maintain the level-of-service standard 588 for public school capacity in a local school concurrency 589 management system where adequate school facilities will be in 590 place or under actual construction within 3 years after the 591 issuance of final subdivision or site plan approval, or the 592 functional equivalent. School concurrency is satisfied if the 593 developer executes a legally binding commitment to provide 594 mitigation proportionate to the demand for public school 595 facilities to be created by actual development of the property, 596 including, but not limited to, the options described in sub 597 subparagraph a. Options for proportionate-share mitigation of 598 impacts on public school facilities must be established in the 599 comprehensive plan and the interlocal agreement pursuant to s. 600 163.31777. 601 a. Appropriate mitigation options include the contribution 602 of land; the construction, expansion, or payment for land 603 acquisition or construction of a public school facility; the 604 construction of a charter school that complies with the 605 requirements of s. 1002.33(18); or the creation of mitigation 606 banking based on the construction of a public school facility in 607 exchange for the right to sell capacity credits. Such options 608 must include execution by the applicant and the local government 609 of a development agreement that constitutes a legally binding 610 commitment to pay proportionate-share mitigation for the 611 additional residential units approved by the local government in 612 a development order and actually developed on the property, 613 taking into account residential density allowed on the property 614 prior to the plan amendment that increased the overall 615 residential density. The district school board must be a party 616 to such an agreement. As a condition of its entry into such a 617 development agreement, the local government may require the 618 landowner to agree to continuing renewal of the agreement upon 619 its expiration. 620 b. If the interlocal agreement and the local government 621 comprehensive plan authorize a contribution of land; the 622 construction, expansion, or payment for land acquisition; the 623 construction or expansion of a public school facility, or a 624 portion thereof; or the construction of a charter school that 625 complies with the requirements of s. 1002.33(18), as 626 proportionate-share mitigation, the local government shall 627 credit such a contribution, construction, expansion, or payment 628 toward any other impact fee or exaction imposed by local 629 ordinance for public educational facilities, on a dollar-for 630 dollar basis at fair market value. The credit must be based on 631 the total impact fee assessed and not on the impact fee for any 632 particular type of school. 633 c. Any proportionate-share mitigation must be directed by 634 the school board toward a school capacity improvement identified 635 in the 5-year school board educational facilities plan that 636 satisfies the demands created by the development in accordance 637 with a binding developer’s agreement. 638 3. This paragraph does not limit the authority of a local 639 government to deny a development permit or its functional 640 equivalent pursuant to its home rule regulatory powers, except 641 as provided in this part. 642 Section 7. For the purpose of incorporating the amendment 643 made by this act to section 1002.33, Florida Statutes, in a 644 reference thereto, paragraph (c) of subsection (9) of section 645 1002.32, Florida Statutes, is reenacted to read: 646 1002.32 Developmental research (laboratory) schools.— 647 (9) FUNDING.—Funding for a lab school, including a charter 648 lab school, shall be provided as follows: 649 (c) All operating funds provided under this section shall 650 be deposited in a Lab School Trust Fund and shall be expended 651 for the purposes of this section. The university assigned a lab 652 school shall be the fiscal agent for these funds, and all rules 653 of the university governing the budgeting and expenditure of 654 state funds shall apply to these funds unless otherwise provided 655 by law or rule of the State Board of Education. The university 656 board of trustees shall be the public employer of lab school 657 personnel for collective bargaining purposes for lab schools in 658 operation prior to the 2002-2003 fiscal year. Employees of 659 charter lab schools authorized prior to June 1, 2003, but not in 660 operation prior to the 2002-2003 fiscal year shall be employees 661 of the entity holding the charter and must comply with the 662 provisions of s. 1002.33(12). 663 Section 8. For the purpose of incorporating the amendment 664 made by this act to section 1002.33, Florida Statutes, in a 665 reference thereto, paragraph (a) of subsection (1) of section 666 1002.345, Florida Statutes, is reenacted to read: 667 1002.345 Determination of deteriorating financial 668 conditions and financial emergencies for charter schools and 669 charter technical career centers.—This section applies to 670 charter schools operating pursuant to s. 1002.33 and to charter 671 technical career centers operating pursuant to s. 1002.34. 672 (1) EXPEDITED REVIEW; REQUIREMENTS.— 673 (a) A charter school or a charter technical career center 674 is subject to an expedited review by the sponsor if one of the 675 following occurs: 676 1. Failure to provide for an audit required by s. 218.39. 677 2. Failure to comply with reporting requirements pursuant 678 to s. 1002.33(9) or s. 1002.34(11)(f) or (14). 679 3. A deteriorating financial condition identified through 680 an annual audit pursuant to s. 218.39(5), a monthly financial 681 statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or 682 a quarterly financial statement pursuant to s. 1002.331(2)(c). 683 “Deteriorating financial condition” means a circumstance that 684 significantly impairs the ability of a charter school or a 685 charter technical career center to generate enough revenues to 686 meet its expenditures without causing the occurrence of a 687 condition described in s. 218.503(1). 688 4. Notification pursuant to s. 218.503(2) that one or more 689 of the conditions specified in s. 218.503(1) have occurred or 690 will occur if action is not taken to assist the charter school 691 or charter technical career center. 692 Section 9. For the purpose of incorporating the amendment 693 made by this act to section 1002.42, Florida Statutes, in a 694 reference thereto, paragraph (g) of subsection (2) of section 695 1002.385, Florida Statutes, is reenacted to read: 696 1002.385 The Gardiner Scholarship.— 697 (2) DEFINITIONS.—As used in this section, the term: 698 (g) “Eligible private school” means a private school, as 699 defined in s. 1002.01, which is located in this state, which 700 offers an education to students in any grade from kindergarten 701 to grade 12, and which meets the requirements of: 702 1. Sections 1002.42 and 1002.421; and 703 2. A scholarship program under s. 1002.39 or s. 1002.395, 704 as applicable, if the private school participates in a 705 scholarship program under s. 1002.39 or s. 1002.395. 706 Section 10. For the purpose of incorporating the amendment 707 made by this act to section 1002.42, Florida Statutes, in a 708 reference thereto, subsection (1) of section 1002.421, Florida 709 Statutes, is reenacted to read: 710 1002.421 State school choice scholarship program 711 accountability and oversight.— 712 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private 713 school participating in an educational scholarship program 714 established pursuant to this chapter must be a private school as 715 defined in s. 1002.01(2) in this state, be registered, and be in 716 compliance with all requirements of this section in addition to 717 private school requirements outlined in s. 1002.42, specific 718 requirements identified within respective scholarship program 719 laws, and other provisions of Florida law that apply to private 720 schools, and must: 721 (a) Comply with the antidiscrimination provisions of 42 722 U.S.C. s. 2000d. 723 (b) Notify the department of its intent to participate in a 724 scholarship program. 725 (c) Notify the department of any change in the school’s 726 name, school director, mailing address, or physical location 727 within 15 days after the change. 728 (d) Provide to the department or scholarship-funding 729 organization all documentation required for a student’s 730 participation, including the private school’s and student’s 731 individual fee schedule, and attendance verification as required 732 by the department or scholarship-funding organization, prior to 733 scholarship payment. 734 (e) Annually complete and submit to the department a 735 notarized scholarship compliance statement certifying that all 736 school employees and contracted personnel with direct student 737 contact have undergone background screening pursuant to s. 738 943.0542 and have met the screening standards as provided in s. 739 435.04. 740 (f) Demonstrate fiscal soundness and accountability by: 741 1. Being in operation for at least 3 school years or 742 obtaining a surety bond or letter of credit for the amount equal 743 to the scholarship funds for any quarter and filing the surety 744 bond or letter of credit with the department. 745 2. Requiring the parent of each scholarship student to 746 personally restrictively endorse the scholarship warrant to the 747 school or to approve a funds transfer before any funds are 748 deposited for a student. The school may not act as attorney in 749 fact for the parent of a scholarship student under the authority 750 of a power of attorney executed by such parent, or under any 751 other authority, to endorse a scholarship warrant or approve a 752 funds transfer on behalf of such parent. 753 (g) Meet applicable state and local health, safety, and 754 welfare laws, codes, and rules, including: 755 1. Firesafety. 756 2. Building safety. 757 (h) Employ or contract with teachers who hold baccalaureate 758 or higher degrees, have at least 3 years of teaching experience 759 in public or private schools, or have special skills, knowledge, 760 or expertise that qualifies them to provide instruction in 761 subjects taught. 762 (i) Maintain a physical location in the state at which each 763 student has regular and direct contact with teachers. 764 (j) Publish on the school’s website, or provide in a 765 written format, information for parents regarding the school, 766 including, but not limited to, programs, services, and the 767 qualifications of classroom teachers. 768 (k) At a minimum, provide the parent of each scholarship 769 student with a written explanation of the student’s progress on 770 a quarterly basis. 771 (l) Cooperate with a student whose parent chooses to 772 participate in the statewide assessments pursuant to s. 1008.22. 773 (m) Require each employee and contracted personnel with 774 direct student contact, upon employment or engagement to provide 775 services, to undergo a state and national background screening, 776 pursuant to s. 943.0542, by electronically filing with the 777 Department of Law Enforcement a complete set of fingerprints 778 taken by an authorized law enforcement agency or an employee of 779 the private school, a school district, or a private company who 780 is trained to take fingerprints and deny employment to or 781 terminate an employee if he or she fails to meet the screening 782 standards under s. 435.04. Results of the screening shall be 783 provided to the participating private school. For purposes of 784 this paragraph: 785 1. An “employee or contracted personnel with direct student 786 contact” means any employee or contracted personnel who has 787 unsupervised access to a scholarship student for whom the 788 private school is responsible. 789 2. The costs of fingerprinting and the background check 790 shall not be borne by the state. 791 3. Continued employment of an employee or contracted 792 personnel after notification that he or she has failed the 793 background screening under this paragraph shall cause a private 794 school to be ineligible for participation in a scholarship 795 program. 796 4. An employee or contracted personnel holding a valid 797 Florida teaching certificate who has been fingerprinted pursuant 798 to s. 1012.32 is not required to comply with the provisions of 799 this paragraph. 800 5. All fingerprints submitted to the Department of Law 801 Enforcement as required by this section shall be retained by the 802 Department of Law Enforcement in a manner provided by rule and 803 entered in the statewide automated biometric identification 804 system authorized by s. 943.05(2)(b). Such fingerprints shall 805 thereafter be available for all purposes and uses authorized for 806 arrest fingerprints entered in the statewide automated biometric 807 identification system pursuant to s. 943.051. 808 6. The Department of Law Enforcement shall search all 809 arrest fingerprints received under s. 943.051 against the 810 fingerprints retained in the statewide automated biometric 811 identification system under subparagraph 5. Any arrest record 812 that is identified with the retained fingerprints of a person 813 subject to the background screening under this section shall be 814 reported to the employing school with which the person is 815 affiliated. Each private school participating in a scholarship 816 program is required to participate in this search process by 817 informing the Department of Law Enforcement of any change in the 818 employment or contractual status of its personnel whose 819 fingerprints are retained under subparagraph 5. The Department 820 of Law Enforcement shall adopt a rule setting the amount of the 821 annual fee to be imposed upon each private school for performing 822 these searches and establishing the procedures for the retention 823 of private school employee and contracted personnel fingerprints 824 and the dissemination of search results. The fee may be borne by 825 the private school or the person fingerprinted. 826 7. Employees and contracted personnel whose fingerprints 827 are not retained by the Department of Law Enforcement under 828 subparagraphs 5. and 6. are required to be refingerprinted and 829 must meet state and national background screening requirements 830 upon reemployment or reengagement to provide services in order 831 to comply with the requirements of this section. 832 8. Every 5 years following employment or engagement to 833 provide services with a private school, employees or contracted 834 personnel required to be screened under this section must meet 835 screening standards under s. 435.04, at which time the private 836 school shall request the Department of Law Enforcement to 837 forward the fingerprints to the Federal Bureau of Investigation 838 for national processing. If the fingerprints of employees or 839 contracted personnel are not retained by the Department of Law 840 Enforcement under subparagraph 5., employees and contracted 841 personnel must electronically file a complete set of 842 fingerprints with the Department of Law Enforcement. Upon 843 submission of fingerprints for this purpose, the private school 844 shall request that the Department of Law Enforcement forward the 845 fingerprints to the Federal Bureau of Investigation for national 846 processing, and the fingerprints shall be retained by the 847 Department of Law Enforcement under subparagraph 5. 848 (n) Adopt policies establishing standards of ethical 849 conduct for instructional personnel and school administrators. 850 The policies must require all instructional personnel and school 851 administrators, as defined in s. 1012.01, to complete training 852 on the standards; establish the duty of instructional personnel 853 and school administrators to report, and procedures for 854 reporting, alleged misconduct by other instructional personnel 855 and school administrators which affects the health, safety, or 856 welfare of a student; and include an explanation of the 857 liability protections provided under ss. 39.203 and 768.095. A 858 private school, or any of its employees, may not enter into a 859 confidentiality agreement regarding terminated or dismissed 860 instructional personnel or school administrators, or personnel 861 or administrators who resign in lieu of termination, based in 862 whole or in part on misconduct that affects the health, safety, 863 or welfare of a student, and may not provide the instructional 864 personnel or school administrators with employment references or 865 discuss the personnel’s or administrators’ performance with 866 prospective employers in another educational setting, without 867 disclosing the personnel’s or administrators’ misconduct. Any 868 part of an agreement or contract that has the purpose or effect 869 of concealing misconduct by instructional personnel or school 870 administrators which affects the health, safety, or welfare of a 871 student is void, is contrary to public policy, and may not be 872 enforced. 873 (o) Before employing instructional personnel or school 874 administrators in any position that requires direct contact with 875 students, conduct employment history checks of each of the 876 personnel’s or administrators’ previous employers, screen the 877 personnel or administrators through use of the educator 878 screening tools described in s. 1001.10(5), and document the 879 findings. If unable to contact a previous employer, the private 880 school must document efforts to contact the employer. 881 (p) Require each owner or operator of the private school, 882 prior to employment or engagement to provide services, to 883 undergo level 2 background screening as provided under chapter 884 435. For purposes of this paragraph, the term “owner or 885 operator” means an owner, operator, superintendent, or principal 886 of, or a person with equivalent decisionmaking authority over, a 887 private school participating in a scholarship program 888 established pursuant to this chapter. The fingerprints for the 889 background screening must be electronically submitted to the 890 Department of Law Enforcement and may be taken by an authorized 891 law enforcement agency or a private company who is trained to 892 take fingerprints. However, the complete set of fingerprints of 893 an owner or operator may not be taken by the owner or operator. 894 The owner or operator shall provide a copy of the results of the 895 state and national criminal history check to the Department of 896 Education. The cost of the background screening may be borne by 897 the owner or operator. 898 1. Every 5 years following employment or engagement to 899 provide services, each owner or operator must meet level 2 900 screening standards as described in s. 435.04, at which time the 901 owner or operator shall request the Department of Law 902 Enforcement to forward the fingerprints to the Federal Bureau of 903 Investigation for level 2 screening. If the fingerprints of an 904 owner or operator are not retained by the Department of Law 905 Enforcement under subparagraph 2., the owner or operator must 906 electronically file a complete set of fingerprints with the 907 Department of Law Enforcement. Upon submission of fingerprints 908 for this purpose, the owner or operator shall request that the 909 Department of Law Enforcement forward the fingerprints to the 910 Federal Bureau of Investigation for level 2 screening, and the 911 fingerprints shall be retained by the Department of Law 912 Enforcement under subparagraph 2. 913 2. Fingerprints submitted to the Department of Law 914 Enforcement as required by this paragraph must be retained by 915 the Department of Law Enforcement in a manner approved by rule 916 and entered in the statewide automated biometric identification 917 system authorized by s. 943.05(2)(b). The fingerprints must 918 thereafter be available for all purposes and uses authorized for 919 arrest fingerprints entered in the statewide automated biometric 920 identification system pursuant to s. 943.051. 921 3. The Department of Law Enforcement shall search all 922 arrest fingerprints received under s. 943.051 against the 923 fingerprints retained in the statewide automated biometric 924 identification system under subparagraph 2. Any arrest record 925 that is identified with an owner’s or operator’s fingerprints 926 must be reported to the owner or operator, who must report to 927 the Department of Education. Any costs associated with the 928 search shall be borne by the owner or operator. 929 4. An owner or operator who fails the level 2 background 930 screening is not eligible to participate in a scholarship 931 program under this chapter. 932 5. In addition to the offenses listed in s. 435.04, a 933 person required to undergo background screening pursuant to this 934 part or authorizing statutes may not have an arrest awaiting 935 final disposition for, must not have been found guilty of, or 936 entered a plea of nolo contendere to, regardless of 937 adjudication, and must not have been adjudicated delinquent for, 938 and the record must not have been sealed or expunged for, any of 939 the following offenses or any similar offense of another 940 jurisdiction: 941 a. Any authorizing statutes, if the offense was a felony. 942 b. This chapter, if the offense was a felony. 943 c. Section 409.920, relating to Medicaid provider fraud. 944 d. Section 409.9201, relating to Medicaid fraud. 945 e. Section 741.28, relating to domestic violence. 946 f. Section 817.034, relating to fraudulent acts through 947 mail, wire, radio, electromagnetic, photoelectronic, or 948 photooptical systems. 949 g. Section 817.234, relating to false and fraudulent 950 insurance claims. 951 h. Section 817.505, relating to patient brokering. 952 i. Section 817.568, relating to criminal use of personal 953 identification information. 954 j. Section 817.60, relating to obtaining a credit card 955 through fraudulent means. 956 k. Section 817.61, relating to fraudulent use of credit 957 cards, if the offense was a felony. 958 l. Section 831.01, relating to forgery. 959 m. Section 831.02, relating to uttering forged instruments. 960 n. Section 831.07, relating to forging bank bills, checks, 961 drafts, or promissory notes. 962 o. Section 831.09, relating to uttering forged bank bills, 963 checks, drafts, or promissory notes. 964 p. Section 831.30, relating to fraud in obtaining medicinal 965 drugs. 966 q. Section 831.31, relating to the sale, manufacture, 967 delivery, or possession with the intent to sell, manufacture, or 968 deliver any counterfeit controlled substance, if the offense was 969 a felony. 970 6. At least 30 calendar days before a transfer of ownership 971 of a private school, the owner or operator shall notify the 972 parent of each scholarship student. 973 7. The owner or operator of a private school that has been 974 deemed ineligible to participate in a scholarship program 975 pursuant to this chapter may not transfer ownership or 976 management authority of the school to a relative in order to 977 participate in a scholarship program as the same school or a new 978 school. For purposes of this subparagraph, the term “relative” 979 means father, mother, son, daughter, grandfather, grandmother, 980 brother, sister, uncle, aunt, cousin, nephew, niece, husband, 981 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, 982 brother-in-law, sister-in-law, stepfather, stepmother, stepson, 983 stepdaughter, stepbrother, stepsister, half-brother, or half 984 sister. 985 (q) Provide a report from an independent certified public 986 accountant who performs the agreed-upon procedures developed 987 pursuant to s. 1002.395(6)(o) if the private school receives 988 more than $250,000 in funds from scholarships awarded under this 989 chapter in a state fiscal year. A private school subject to this 990 subsection must annually submit the report by September 15 to 991 the scholarship-funding organization that awarded the majority 992 of the school’s scholarship funds. However, a school that 993 receives more than $250,000 in scholarship funds only through 994 the John M. McKay Scholarship for Students with Disabilities 995 Program pursuant to s. 1002.39 must submit the annual report by 996 September 15 to the department. The agreed-upon procedures must 997 be conducted in accordance with attestation standards 998 established by the American Institute of Certified Public 999 Accountants. 1000 1001 The department shall suspend the payment of funds to a private 1002 school that knowingly fails to comply with this subsection, and 1003 shall prohibit the school from enrolling new scholarship 1004 students, for 1 fiscal year and until the school complies. If a 1005 private school fails to meet the requirements of this subsection 1006 or has consecutive years of material exceptions listed in the 1007 report required under paragraph (q), the commissioner may 1008 determine that the private school is ineligible to participate 1009 in a scholarship program. 1010 Section 11. For the purpose of incorporating the amendment 1011 made by this act to section 1002.42, Florida Statutes, in a 1012 reference thereto, subsection (2) of section 1007.271, Florida 1013 Statutes, is reenacted to read: 1014 1007.271 Dual enrollment programs.— 1015 (2) For the purpose of this section, an eligible secondary 1016 student is a student who is enrolled in any of grades 6 through 1017 12 in a Florida public school or in a Florida private school 1018 that is in compliance with s. 1002.42(2) and provides a 1019 secondary curriculum pursuant to s. 1003.4282. Students who are 1020 eligible for dual enrollment pursuant to this section may enroll 1021 in dual enrollment courses conducted during school hours, after 1022 school hours, and during the summer term. However, if the 1023 student is projected to graduate from high school before the 1024 scheduled completion date of a postsecondary course, the student 1025 may not register for that course through dual enrollment. The 1026 student may apply to the postsecondary institution and pay the 1027 required registration, tuition, and fees if the student meets 1028 the postsecondary institution’s admissions requirements under s. 1029 1007.263. Instructional time for dual enrollment may vary from 1030 900 hours; however, the full-time equivalent student membership 1031 value shall be subject to the provisions in s. 1011.61(4). A 1032 student enrolled as a dual enrollment student is exempt from the 1033 payment of registration, tuition, and laboratory fees. Applied 1034 academics for adult education instruction, developmental 1035 education, and other forms of precollegiate instruction, as well 1036 as physical education courses that focus on the physical 1037 execution of a skill rather than the intellectual attributes of 1038 the activity, are ineligible for inclusion in the dual 1039 enrollment program. Recreation and leisure studies courses shall 1040 be evaluated individually in the same manner as physical 1041 education courses for potential inclusion in the program. 1042 Section 12. This act shall take effect July 1, 2021.