Bill Text: FL S1552 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Student Choice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1552 Detail]
Download: Florida-2015-S1552-Introduced.html
Bill Title: Student Choice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1552 Detail]
Download: Florida-2015-S1552-Introduced.html
Florida Senate - 2015 SB 1552 By Senator Benacquisto 30-00726B-15 20151552__ 1 A bill to be entitled 2 An act relating to parent and student rights; amending 3 s. 1002.20, F.S.; providing the right of a parent to 4 know the average amount of money expended for the 5 education of his or her child; requiring the 6 Department of Education to provide each school 7 district with such information and requiring the 8 school districts to provide notification to parents; 9 authorizing the information to be published in the 10 student handbook or a similar publication; conforming 11 a provision to changes made by the act; amending s. 12 1002.31, F.S.; deleting the definition of and 13 provisions relating to controlled open enrollment; 14 requiring each school district to instead establish a 15 public school parental choice policy that allows 16 students to attend any public school that has not 17 reached capacity in their district; requiring 18 assignments to be made on a first-come, first-served 19 basis; defining the term “capacity” for the purposes 20 of a district school board public school parental 21 choice plan; authorizing a parent to enroll his or her 22 child in any public school that has not reached 23 capacity in the state; amending s. 1002.33, F.S.; 24 requiring a charter school with space available to be 25 open to any student in the state; amending s. 26 1002.451, F.S.; conforming a provision to changes made 27 by the act; creating s. 1003.3101, F.S.; requiring 28 each school district board to establish a classroom 29 teacher transfer process for parents, approve or deny 30 a request within a certain timeframe, and post an 31 explanation of the transfer process in the student 32 handbook; amending s. 1006.15, F.S.; conforming 33 provisions to changes made by the act; amending s. 34 1012.42, F.S.; authorizing a parent who receives 35 notification that a teacher is teaching outside his or 36 her field to request that his or her child be 37 transferred to another classroom teacher within the 38 school and grade in which the child is currently 39 enrolled; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Paragraph (a) of subsection (6) and paragraph 44 (a) of subsection (13) of section 1002.20, Florida Statutes, are 45 amended, and subsection (25) is added to that section, to read: 46 1002.20 K-12 student and parent rights.—Parents of public 47 school students must receive accurate and timely information 48 regarding their child’s academic progress and must be informed 49 of ways they can help their child to succeed in school. K-12 50 students and their parents are afforded numerous statutory 51 rights including, but not limited to, the following: 52 (6) EDUCATIONAL CHOICE.— 53 (a) Public school choices.—Parents of public school 54 students may seek whatever public school choice options that are 55 applicable and available to students in their school districts. 56 These options may include public school parental choice 57controlledopen enrollment, single-gender programs, lab schools, 58 virtual instruction programs, charter schools, charter technical 59 career centers, magnet schools, alternative schools, special 60 programs, auditory-oral education programs, advanced placement, 61 dual enrollment, International Baccalaureate, International 62 General Certificate of Secondary Education (pre-AICE), Advanced 63 International Certificate of Education, early admissions, credit 64 by examination or demonstration of competency, the New World 65 School of the Arts, the Florida School for the Deaf and the 66 Blind, and the Florida Virtual School. These options may also 67 include the public school choice options of the Opportunity 68 Scholarship Program and the McKay Scholarships for Students with 69 Disabilities Program. 70 (13) STUDENT RECORDS.— 71 (a) Parent rights.—Parents have rights regarding the 72 student records of their children, including the right of 73 access, the right of waiver of access, the right to challenge 74 and hearing, and the right of privacy, in accordance withthe75provisions ofs. 1002.22. 76 (25) FISCAL TRANSPARENCY.—A parent has the right to know 77 the average amount of money estimated to be expended from all 78 sources, state, local, and federal, for the education of his or 79 her child, including operating and capital outlay expenses. The 80 department shall annually provide each district the estimated 81 amount of funding allocated for a student in the district by 82 grade level and level of support. Each district must notify 83 parents of the estimated amount of funding allocated for a 84 student similar to their child, based upon grade level and level 85 of support. The fiscal transparency notification may be included 86 in the student handbook or a similar publication. 87 Section 2. Section 1002.31, Florida Statutes, is amended to 88 read: 89 1002.31Controlled open enrollment;Public school parental 90 choice.— 91(1) As used in this section, “controlled open enrollment”92means a public education delivery system that allows school93districts to make student school assignments using parents’94indicated preferential school choice as a significant factor.95 (1)(2)Each district school board shall establish a public 96 school parental choice policy that authorizes a parent to choose 97 to enroll his or her child in and transport his or her child to 98 any public school that has not reached capacity, including 99 charter schools, in the district. This policymayoffer100controlled open enrollment within the public schoolswhichis in 101 addition to the existing choice programs, such as virtual 102 instruction programs, magnet schools, alternative schools, 103 special programs, advanced placement, and dual enrollment. 104 (2)(3)Each district school boardoffering controlled open105enrollmentshall adopt by rule and post on its website a public 106 school parental choicecontrolled open enrollmentplan which 107 must: 108 (a) Adhere to federal desegregation requirements. 109 (b) Include an application process required to participate 110 in public school parental choicecontrolledopen enrollmentthat 111 allows parents to declare school preferences, including 112 placement of siblings within the same school. 113 (c) Assign students on a first-come, first-served basis 114 based upon the date and time complete applications are received 115 by the school districtProvide a lottery procedure to determine116student assignment and establish an appeals process for hardship117cases. 118 (d) Afford parents of students in multiple session schools 119 preferred accessto controlled open enrollment. 120 (e) Maintain socioeconomic, demographic, and racial 121 balance. 122 (f) Address the availability of transportation. 123 (g) Define the term “capacity” as a school in which the 124 capital outlay FTE enrollment exceeds 95 percent of the space 125 and occupant design capacity of its nonrelocatable facilities. 126 However, if a school’s initial design incorporated relocatable 127 or modular instructional space, the term “capacity” shall mean a 128 school in which the capital outlay FTE enrollment exceeds 95 129 percent of the space and occupant design capacity of its core 130 facilities. 131 (3) A parent may choose to enroll his or her child in and 132 transport his or her child to any public school that has not 133 reached capacity, including charter schools, in any school 134 district in the state. The school district shall accept the 135 student and report the student for purposes of the district’s 136 funding pursuant to the Florida Education Finance Program. 137 (4) For a student in grades 9 through 12, interscholastic 138 and intrascholastic extracurricular student activity eligibility 139 may be impacted by choosing to attend a school other than the 140 school assigned by the district. 141 (5)(4)In accordance with the reporting requirements of s. 142 1011.62, each district school board shall annually report the 143 number of students attending the various types of public schools 144 of choice in the district, including schools such as virtual 145 instruction programs, magnet schools, and public charter 146 schools, according to rules adopted by the State Board of 147 Education. 148 (6)(5)For a school or program that is a public school of 149 choice under this section, the calculation for compliance with 150 maximum class size pursuant to s. 1003.03 is the average number 151 of students at the school level. 152 Section 3. Paragraph (a) of subsection (10) of section 153 1002.33, Florida Statutes, is amended to read: 154 1002.33 Charter schools.— 155 (10) ELIGIBLE STUDENTS.— 156 (a) A charter school mustshallbe open to any student 157 covered in an interdistrict agreement or residing in the school 158 district in which the charter school is located; however, in the 159 case of a charter lab school, the charter lab school mustshall160 be open to any student eligible to attend the lab school as 161 provided in s. 1002.32 or who resides in the school district in 162 which the charter lab school is located. A charter school with 163 space available must be open to any student in the state, 164 pursuant to s. 1002.31(2). Any eligible student mustshallbe 165 allowed interdistrict transfer to attend a charter school when 166 based on good cause. Good cause includesshall include, but is 167 not limited to, geographic proximity to a charter school in a 168 neighboring school district. 169 Section 4. Paragraph (c) of subsection (1) of section 170 1002.451, Florida Statutes, is amended to read: 171 1002.451 District innovation school of technology program.— 172 (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.— 173 (c) An innovation school of technology must be open to any 174 student covered in an interdistrict agreement or residing in the 175 school district in which the innovation school of technology is 176 located. An innovation school of technology shall enroll an 177 eligible student who submits a timely application if the number 178 of applications does not exceed the capacity of a program, 179 class, grade level, or building. If the number of applications 180 exceeds capacity, all applicants shall have an equal chance of 181 being admitted through a public random selection process. 182 However, a district may give enrollment preference to students 183 who identify the innovation school of technology as the 184 student’s preferred choice pursuant to the district’s public 185 school parental choicecontrolledopen enrollmentplan. 186 Section 5. Section 1003.3101, Florida Statutes, is created 187 to read: 188 1003.3101 Additional school choice options.—Each school 189 district board shall establish a transfer process for a parent 190 to request his or her child be transferred to another classroom 191 teacher. A school must grant or deny the transfer within 2 weeks 192 after receiving a request. If a request for transfer is denied, 193 the school shall notify the parent and specify the reasons for a 194 denial. An explanation of the transfer process must be made 195 available in the student handbook or a similar publication. 196 Section 6. Paragraphs (c), (d), and (e) of subsection (3) 197 of section 1006.15, Florida Statutes, are amended to read: 198 1006.15 Student standards for participation in 199 interscholastic and intrascholastic extracurricular student 200 activities; regulation.— 201 (3) 202 (c) An individual home education student is eligible to 203 participate at the public school to which the student would be 204 assigned according to district school board attendance area 205 policies or which the student could choose to attend pursuant to 206 public school parental choicedistrict or interdistrict207controlledopen enrollmentprovisions, or may develop an 208 agreement to participate at a private school, in the 209 interscholastic extracurricular activities of that school, 210 provided the following conditions are met: 211 1. The home education student must meet the requirements of 212 the home education program pursuant to s. 1002.41. 213 2. During the period of participation at a school, the home 214 education student must demonstrate educational progress as 215 required in paragraph (b) in all subjects taken in the home 216 education program by a method of evaluation agreed upon by the 217 parent and the school principal which may include: review of the 218 student’s work by a certified teacher chosen by the parent; 219 grades earned through correspondence; grades earned in courses 220 taken at a Florida College System institution, university, or 221 trade school; standardized test scores above the 35th 222 percentile; or any other method designated in s. 1002.41. 223 3. The home education student must meet the same residency 224 requirements as other students in the school at which he or she 225 participates. 226 4. The home education student must meet the same standards 227 of acceptance, behavior, and performance as required of other 228 students in extracurricular activities. 229 5. The student must register with the school his or her 230 intent to participate in interscholastic extracurricular 231 activities as a representative of the school before the 232 beginning date of the season for the activity in which he or she 233 wishes to participate. A home education student must be able to 234 participate in curricular activities if that is a requirement 235 for an extracurricular activity. 236 6. A student who transfers from a home education program to 237 a public school before or during the first grading period of the 238 school year is academically eligible to participate in 239 interscholastic extracurricular activities during the first 240 grading period provided the student has a successful evaluation 241 from the previous school year, pursuant to subparagraph 2. 242 7. Any public school or private school student who has been 243 unable to maintain academic eligibility for participation in 244 interscholastic extracurricular activities is ineligible to 245 participate in such activities as a home education student until 246 the student has successfully completed one grading period in 247 home education pursuant to subparagraph 2. to become eligible to 248 participate as a home education student. 249 (d) An individual charter school student pursuant to s. 250 1002.33 is eligible to participate at the public school to which 251 the student would be assigned according to district school board 252 attendance area policies or which the student could choose to 253 attend, pursuant to district or interdistrict public school 254 parental choicecontrolledopen-enrollmentprovisions, in any 255 interscholastic extracurricular activity of that school, unless 256 such activity is provided by the student’s charter school, if 257 the following conditions are met: 258 1. The charter school student must meet the requirements of 259 the charter school education program as determined by the 260 charter school governing board. 261 2. During the period of participation at a school, the 262 charter school student must demonstrate educational progress as 263 required in paragraph (b). 264 3. The charter school student must meet the same residency 265 requirements as other students in the school at which he or she 266 participates. 267 4. The charter school student must meet the same standards 268 of acceptance, behavior, and performance that are required of 269 other students in extracurricular activities. 270 5. The charter school student must register with the school 271 his or her intent to participate in interscholastic 272 extracurricular activities as a representative of the school 273 before the beginning date of the season for the activity in 274 which he or she wishes to participate. A charter school student 275 must be able to participate in curricular activities if that is 276 a requirement for an extracurricular activity. 277 6. A student who transfers from a charter school program to 278 a traditional public school before or during the first grading 279 period of the school year is academically eligible to 280 participate in interscholastic extracurricular activities during 281 the first grading period if the student has a successful 282 evaluation from the previous school year, pursuant to 283 subparagraph 2. 284 7. Any public school or private school student who has been 285 unable to maintain academic eligibility for participation in 286 interscholastic extracurricular activities is ineligible to 287 participate in such activities as a charter school student until 288 the student has successfully completed one grading period in a 289 charter school pursuant to subparagraph 2. to become eligible to 290 participate as a charter school student. 291 (e) A student of the Florida Virtual School full-time 292 program may participate in any interscholastic extracurricular 293 activity at the public school to which the student would be 294 assigned according to district school board attendance area 295 policies or which the student could choose to attend, pursuant 296 to district or interdistrict public school parental choice 297controlledopen enrollmentpolicies, if the student: 298 1. During the period of participation in the 299 interscholastic extracurricular activity, meets the requirements 300 in paragraph (a). 301 2. Meets any additional requirements as determined by the 302 board of trustees of the Florida Virtual School. 303 3. Meets the same residency requirements as other students 304 in the school at which he or she participates. 305 4. Meets the same standards of acceptance, behavior, and 306 performance that are required of other students in 307 extracurricular activities. 308 5. Registers his or her intent to participate in 309 interscholastic extracurricular activities with the school 310 before the beginning date of the season for the activity in 311 which he or she wishes to participate. A Florida Virtual School 312 student must be able to participate in curricular activities if 313 that is a requirement for an extracurricular activity. 314 Section 7. Subsection (2) of section 1012.42, Florida 315 Statutes, is amended to read: 316 1012.42 Teacher teaching out-of-field.— 317 (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district 318 school system is assigned teaching duties in a class dealing 319 with subject matter that is outside the field in which the 320 teacher is certified, outside the field that was the applicant’s 321 minor field of study, or outside the field in which the 322 applicant has demonstrated sufficient subject area expertise, as 323 determined by district school board policy in the subject area 324 to be taught, the parents of all students in the class shall be 325 notified in writing of such assignment. A parent that receives 326 this notification may, after the October student membership 327 survey, request that his or her child be transferred to another 328 classroom teacher within the school and grade in which the child 329 is currently enrolled. The school district shall grant the 330 parent’s request and transfer the student to a different 331 classroom teacher within a reasonable period of time, not to 332 exceed 2 weeks. This does not provide a parent the right to 333 choose a specific teacher. 334 Section 8. This act shall take effect July 1, 2015.