SB 732 — K-12 Education

conforming cross-references;

5193 Be It Enacted by the Legislature of the State of Florida:

5395 Section 1. Subsections1. Paragraph (1)(d) of subsection (2), paragraphs (d), (h), (i), (j), and (2)(l) of subsection (5), subsection (8), and paragraph (a) of subsection (11) of section 1002.41,1002.385, Florida Statutes, are amended, and subsectionsparagraphs (11),(p) (12), and (13)(q) are added to subsection (5) of that section, to read:

1002.385 The Gardiner Scholarship.— (2) DEFINITIONS.—As used in this section, the term:

(d) “Disability” means, for a 3- or 4-year-old child or for a student in kindergarten to grade 12, autism spectrum disorder, as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association;

cerebral palsy, as defined in s.

393.063(6);

Down syndrome, as defined in s.

393.063(15);

an intellectual disability, as defined in s.

393.063(24);

Phelan-McDermid syndrome, as defined in s.

393.063(28);

Prader-Willi syndrome, as defined in s.

393.063(29);

spina bifida, as defined in s.

393.063(40);

being a high-risk child, as defined in s.

393.063(23)(a);

muscular dystrophy;

Williams syndrome;

a rare disease, a disorder that affects diseases which affect patient populations of fewer than 200,000 individuals or fewer in the United States, as defined by the Orphan Drug Act of 1983, Pub.

L.

No.

97-414 National Organization for Rare Disorders;

anaphylaxis;

deaf;

visually impaired;

traumatic brain injured;

hospital or homebound;

or identification as dual sensory impaired, as defined by rules of the State Board of Education and evidenced by reports from local school districts.

The term “hospital or homebound” includes a student who has a medically diagnosed physical or psychiatric condition or illness, as defined by the state board in rule, and who is confined to the home or hospital for more than 6 months.

(5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be used to meet the individual educational needs of an eligible student and may be spent for the following purposes:

(d) Enrollment in, or Tuition or fees associated with full time or part-time enrollment in, a home education program, an eligible private school, an eligible postsecondary educational institution or a program offered by the postsecondary institution, a private tutoring program authorized under s.

1002.43, a virtual program offered by a department-approved private online provider that meets the provider qualifications specified in s.

1002.45(2)(a), the Florida Virtual School as a private paying student, or an approved online course offered pursuant to s.

1003.499 or s.

1004.0961.

(h) Tuition and fees for part-time tutoring services provided by a person who holds a valid Florida educator’s certificate pursuant to s.

1012.56;

a person who holds a valid professional standard teaching certificate issued by another state;

a person who holds an adjunct teaching certificate pursuant to s.

1012.57;

a person who has a bachelor’s degree or a graduate degree in the subject area in which instruction is given;

or a person who has demonstrated a mastery of subject area knowledge pursuant to s.

1012.56(5).

As used in this paragraph, the term “part-time tutoring services” does not qualify as regular school attendance as defined in s.

1003.01(13) s.

1003.01(13)(e).

(i) Fees for specialized summer education programs.

(j) Fees for specialized after-school education programs.

(l) Fees for an annual evaluation of educational progress by a state-certified teacher under s.

1002.41(1)(f) s.

1002.41(1)(c), if this option is chosen for a home education student.

(p) Fees for art, music, or sports lessons.

(q) Tuition or fees associated with enrollment in a nationally or internationally recognized research-based training program for a child with a neurological disorder or brain damage.

162 A provider of any services receiving payments pursuant to this subsection may not share, refund, or rebate any moneys from the Gardiner Scholarship with the parent or participating student in any manner.

A parent, student, or provider of any services may not bill an insurance company, Medicaid, or any other agency for the same services that are paid for using Gardiner Scholarship funds.

(8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible private school may be sectarian or nonsectarian and shall:

(a) Comply with all requirements for private schools participating in state school choice scholarship programs pursuant to s.

1002.421.

(b) Provide to the organization, upon request, all documentation required for the student’s participation, including the private school’s and student’s fee schedules.

(c) Be academically accountable to the parent for meeting the educational needs of the student by:

1. At a minimum, annually providing to the parent a written explanation of the student’s progress.

2. Annually administering or making provision for students participating in the program in grades 3 through 10 to take one of the nationally norm-referenced tests identified by the Department of Education or the statewide assessments pursuant to s.

1008.22.

Students with disabilities for whom standardized testing is not appropriate are exempt from this requirement.

A participating private school shall report a student’s scores to the parent.

3. Cooperating with the scholarship student whose parent chooses to have the student participate in the statewide assessments pursuant to s.

1008.22 or, if a private school chooses to offer the statewide assessments, administering the assessments at the school.

a. A participating private school may choose to offer and administer the statewide assessments to all students who attend the private school in grades 3 through 10.

b. A participating private school shall submit a request in writing to the Department of Education by March 1 of each year in order to administer the statewide assessments in the subsequent school year.

(d) Employ or contract with teachers who have regular and direct contact with each student receiving a scholarship under this section at the school’s physical location.

(e) Provide a report from an independent certified public accountant who performs the agreed-upon procedures developed under s.

1002.395(6)(o) if the private school receives more than $250,000 in funds from scholarships awarded under this chapter section in a state fiscal year.

A private school subject to this paragraph must annually submit the report by September 15 to the organization that awarded the majority of the school’s scholarship funds.

The agreed-upon procedures must be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants.

215 If a private school fails or refuses is unable to meet the requirements of this subsection or has consecutive years of material exceptions listed in the report required under paragraph (e), the commissioner may determine that the private school is ineligible to participate in the program.

(11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION.—A parent who applies for program participation under this section is exercising his or her parental option to determine the appropriate placement or the services that best meet the needs of his or her child.

The scholarship award for a student is based on a matrix that assigns the student to support Level III services.

If a parent receives an IEP and a matrix of services from the school district pursuant to subsection (7), the amount of the payment shall be adjusted as needed, when the school district completes the matrix.

(a) To satisfy or maintain program eligibility, including eligibility to receive and spend program payments, the parent must sign an agreement with the organization and annually submit a notarized, sworn compliance statement to the organization to:

1. Affirm that the student is enrolled in a program that meets regular school attendance requirements as provided in s.

1003.01(13)(b) or (c) s.

1003.01(13)(b)-(d).

2. Affirm that the program funds are used only for authorized purposes serving the student’s educational needs, as described in subsection (5).

3. Affirm that the parent is responsible for the education of his or her student by, as applicable:

a. Requiring the student to take an assessment in accordance with paragraph (8)(c);

b. Providing an annual evaluation in accordance with s.

1002.41(1)(f) s.

1002.41(1)(c);

or c. Requiring the child to take any preassessments and postassessments selected by the provider if the child is 4 years of age and is enrolled in a program provided by an eligible Voluntary Prekindergarten Education Program provider.

A student with disabilities for whom a preassessment and postassessment is not appropriate is exempt from this requirement.

A participating provider shall report a student’s scores to the parent.

4. Affirm that the student remains in good standing with the provider or school if those options are selected by the parent.

257 A parent who fails to comply with this subsection forfeits the Gardiner Scholarship.

Section 2. Subsections (1) and (2) of section 1002.41, Florida Statutes, are amended, and subsections (11), (12), and (13) are added to that section, to read:

Section 2. Subsection3. Section (4)1002.411, of section 1003.21, Florida Statutes, is amendedcreated to read:

1002.411 Reading scholarship accounts.— (1) READING SCHOLARSHIP ACCOUNTS.—Reading scholarship accounts are established to provide educational options for students.

(2) ELIGIBILITY.—Contingent upon available funds, and on a first-come, first-served basis, each student in grades 3 through 5 who is enrolled in a Florida public school is eligible for a reading scholarship account if the student scored below a Level 3 on the grade 3 or grade 4 statewide, standardized English Language Arts (ELA) assessment in the prior school year.

An eligible student who is classified as an English Learner and is enrolled in a program or receiving services that are specifically designed to meet the instructional needs of English Learner students shall receive priority.

(3) PARENT AND STUDENT RESPONSIBILITIES FOR PARTICIPATION.— (a) For an eligible student to receive a reading scholarship account, the student’s parent must:

1. Submit an application to an eligible nonprofit scholarship-funding organization by the deadline established by such organization;

and 2. Submit eligible expenses to the eligible nonprofit scholarship-funding organization for reimbursement of qualifying expenditures, which may include:

a. Instructional materials.

b. Curriculum.

As used in this sub-subparagraph, the term “curriculum” means a complete course of study for a particular content area or grade level, including any required supplemental materials and associated online instruction.

c. Tuition and fees for part-time tutoring services provided by a person who holds a valid Florida educator’s certificate pursuant to s.

1012.56;

a person who holds a baccalaureate or graduate degree in the subject area;

a person who holds an adjunct teaching certificate pursuant to s.

1012.57;

or a person who has demonstrated a mastery of subject area knowledge pursuant to s.

1012.56(5).

d. Fees for summer education programs.

e. Fees for after-school education programs.

414 A provider of any services receiving payments pursuant to this subparagraph may not share any moneys from the reading scholarship with, or provide a refund or rebate of any moneys from such scholarship to, the parent or participating student in any manner.

A parent, student, or provider of any services may not bill an insurance company, Medicaid, or any other agency for the same services that are paid for using reading scholarship funds.

(b) The parent is responsible for the payment of all eligible expenses in excess of the amount in the account in accordance with the terms agreed to between the parent and any providers and may not receive any refund or rebate of any expenditures made in accordance with paragraph (a).

(4) ADMINISTRATION.—An eligible nonprofit scholarship funding organization participating in the Florida Tax Credit Scholarship Program established by s.

1002.395 may establish reading scholarship accounts for eligible students in accordance with the requirements of eligible nonprofit scholarship-funding organizations under this chapter.

(5) DEPARTMENT OBLIGATIONS.—The department shall have the same duties imposed by this chapter upon the department regarding oversight of scholarship programs administered by an eligible nonprofit scholarship-funding organization.

(6) SCHOOL DISTRICT OBLIGATIONS;

PARENTAL OPTIONS.—By September 30, the school district shall notify the parent of each student in grades 3 through 5 who scored below a level 3 on the statewide, standardized ELA assessment in the prior school year of the process to request and receive a reading scholarship, subject to available funds.

(7) ACCOUNT FUNDING AND PAYMENT.— (a) For the 2018-2019 school year, the amount of the scholarship shall be $500 per eligible student.

Thereafter, the maximum amount awarded an eligible student shall be provided in the General Appropriations Act.

(b) One hundred percent of the funds appropriated for the reading scholarship accounts shall be released to the department at the beginning of the first quarter of each fiscal year.

(c) Upon notification from the eligible nonprofit scholarship-funding organization that a student has been determined eligible for a reading scholarship, the department shall release the student’s scholarship funds to such organization to be deposited into the student’s account.

(d) Accrued interest in the student’s account is in addition to, and not part of, the awarded funds.

Account funds include both the awarded funds and accrued interest.

(e) The eligible nonprofit scholarship-funding organization may develop a system for payment of scholarship funds by funds transfer, including, but not limited to, debit cards, electronic payment cards, or any other means of payment that the department deems to be commercially viable or cost-effective.

A student’s scholarship award may not be reduced for debit card or electronic payment fees.

Commodities or services related to the development of such a system shall be procured by competitive solicitation unless they are purchased from a state term contract pursuant to s.

287.056.

(f) Payment of the scholarship shall be made by the eligible nonprofit scholarship-funding organization no less frequently than on a quarterly basis.

(g) In addition to funds appropriated for scholarships and subject to a separate, specific legislative appropriation, an organization may receive an amount equivalent to not more than 3 percent of the amount of each scholarship from state funds for administrative expenses if the organization has operated as a nonprofit entity for at least the preceding 3 fiscal years and did not have any findings of material weakness or material noncompliance in its most recent audit under s.

1002.395.

Such administrative expenses must be reasonable and necessary for the organization’s management and distribution of scholarships under this section.

Funds authorized under this paragraph may not be used for lobbying or political activity or expenses related to lobbying or political activity.

An organization may not charge an application fee for a scholarship.

Administrative expenses may not be deducted from funds appropriated for scholarships.

(h) Moneys received pursuant to this section do not constitute taxable income to the qualified student or his or her parent.

(i) A student’s scholarship account must be closed and any remaining funds shall revert to the state after:

1. Denial or revocation of scholarship eligibility by the commissioner for fraud or abuse, including, but not limited to, the student or student’s parent accepting any payment, refund, or rebate, in any manner, from a provider of any services received pursuant to subsection (3);

or 2. Three consecutive fiscal years in which an account has been inactive.

(8) LIABILITY.—No liability shall arise on the part of the state based on the award or use of a reading scholarship account.

Section 4. Subsection (4) of section 1003.21, Florida Statutes, is amended to read:

Section 3. Paragraph5. Paragraph (f) of subsection (1) and paragraph (a) of subsection (2) of section 1003.26, Florida Statutes, are amended to read:

Section 4. Subsection6. Subsection (2) of section 1003.27, Florida Statutes, is amended to read:

Section 5. Paragraph7. Paragraph (c)(a) of subsection (3)(1) of section 1006.15,1003.436, Florida Statutes, is amended to read:

1003.436 Definition of “credit.”— (1)(a) For the purposes of requirements for high school graduation, one full credit means a minimum of 135 hours of bona fide instruction in a designated course of study that contains student performance standards, except as otherwise provided through the Credit Acceleration Program (CAP) under s.

1003.4295(3).

One full credit means a minimum of 120 hours of bona fide instruction in a designated course of study that contains student performance standards for purposes of meeting high school graduation requirements in a district school that has been authorized to implement block scheduling by the district school board.

In lieu of the 135- and 120-hour instruction requirements, district school boards participating in the Mastery-Based Education Pilot Program under s.

1003.4996, may determine and award credit based on a student’s mastery of the core content and skills, consistent with s.

1003.41, as approved by the district school board.

The State Board of Education shall determine the number of postsecondary credit hours earned through dual enrollment pursuant to s.

1007.271 that satisfy the requirements of a dual enrollment articulation agreement according to s.

1007.271(21) and that equal one full credit of the equivalent high school course identified pursuant to s.

1007.271(9).

Section 8. Section 1003.437, Florida Statutes, is amended to read:

1003.437 Middle and high school grading system.— (1) The grading system and interpretation of letter grades used to measure student success in grade 6 through grade 12 courses for students in public schools shall be as follows:

(a)(1) Grade “A” equals 90 percent through 100 percent, has a grade point average value of 4, and is defined as “outstanding progress.” (b)(2) Grade “B” equals 80 percent through 89 percent, has a grade point average value of 3, and is defined as “above average progress.” (c)(3) Grade “C” equals 70 percent through 79 percent, has a grade point average value of 2, and is defined as “average progress.” (d)(4) Grade “D” equals 60 percent through 69 percent, has a grade point average value of 1, and is defined as “lowest acceptable progress.” (e)(5) Grade “F” equals zero percent through 59 percent, has a grade point average value of zero, and is defined as “failure.” (f)(6) Grade “I” equals zero percent, has a grade point average value of zero, and is defined as “incomplete.” (2) District school boards participating in the Mastery Based Education Pilot Program under s.

1003.4996 may use an alternative interpretation of letter grades to measure student success in grades 6 through 12.

735 For the purposes of class ranking, district school boards may exercise a weighted grading system pursuant to s.

1007.271.

Section 9. Section 1003.4996, Florida Statutes, is amended to read:

1003.4996 Mastery-Based Competency-Based Education Pilot Program.—Beginning with the 2016-2017 school year, The Mastery Based Competency-Based Education Pilot Program is created within the Department of Education to be administered for a period of 5 years.

The purpose of the pilot program is to provide an educational environment that allows students to advance to higher levels of learning upon the mastery of concepts and skills through statutory exemptions relating to student progression and the awarding of credits.

(1) PARTICIPATION.—The P.K.

Yonge Developmental Research School and public school districts, including, but not limited to, the Lake, Palm Beach, Pinellas, and Seminole County School Districts, may submit an application in a format prescribed by the department to participate in the pilot program.

(2) APPLICATION.—The application to participate in the pilot program must, at a minimum, include:

(a) The vision and timelines for the implementation of mastery-based competency-based education within the school district, including a list of the schools that will participate in the pilot program during the first school year and the list of schools that will be integrated into the program in subsequent school years.

(b) The annual goals and performance outcomes for participating schools, including, but not limited to:

1. Student performance as defined in s.

1008.34.

2. Promotion and retention rates.

3. Graduation rates.

4. Indicators of college and career readiness.

(c) A communication plan for parents and other stakeholders, including local businesses and community members.

(d) The scope of and timelines for professional development for school instructional and administrative personnel.

(e) A plan for student progression based on the mastery of content, including mechanisms that determine and ensure that a student has satisfied the requirements for grade-level promotion and content mastery.

(f) A plan for using technology and digital and blended learning to enhance student achievement and facilitate the mastery-based competency-based education system.

(g) The proposed allocation of resources for the pilot program at the school and district levels.

(h) The recruitment and selection of participating schools.

(i) The rules to be waived for participating schools pursuant to subsection (3) to implement the pilot program.

(3) EXEMPTION FROM RULES.—In addition to the waivers authorized in s.

1001.10(3), the State Board of Education may authorize the commissioner to grant an additional waiver of rules relating to student progression and the awarding of credits.

(4) ALTERNATE CREDIT AND LETTER GRADE SYSTEMS.— (a) Beginning with the 2018-2019 school year, participating school districts may amend their applications to include alternatives for awarding credit, as authorized under s.

1003.436, and for the interpretation of middle and high school letter grades, as authorized under s.

1003.437.

1. Alternatives to awarding credit must include a verification of the student’s mastery of the applicable course content using rigorous scoring rubrics to evaluate the student’s work.

2. Alternatives to the interpretation of middle and high school letter grades may substitute the applicable language from the school district’s rigorous scoring rubric.

(b) An application that is amended pursuant to this subsection must be approved by the district school board.

(5)(4) STUDENT FUNDING.—Students enrolled in a participating school shall be reported for and generate funding pursuant to s.

1011.62.

(6)(5) DEPARTMENT DUTIES.—The department shall:

(a) Compile the student and staff schedules of participating schools before and after implementation of the pilot program.

(b) Provide participating schools with access to statewide, standardized assessments required under s.

1008.22.

(c) Annually, by June 1, provide to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report summarizing the activities and accomplishments of the pilot program and any recommendations for statutory revisions.

(6) RULES.—The State Board of Education shall adopt rules to administer this section.

Section 10. Paragraph (c) of subsection (3) of section 1006.15, Florida Statutes, is amended to read:

Section 6. Paragraph11. Subsection (b)(7) ofis subsectionadded (13)to of section 1007.271,1007.23, Florida Statutes, is amended to read:

1007.271 Dual1007.23 Statewide enrollmentarticulation programs.—agreement.— (13)(7) The (b) Eacharticulation postsecondaryagreement institutionmust eligibleensure tofair participateand inequitable theaccess dualfor enrollmenthigh programschool pursuantgraduates towith s.mastery-based, nontraditional diplomas and transcripts.

Section 12. Subsection (3) and paragraph (b) of subsection (13) of section 1007.271, Florida Statutes, are amended to read:

1007.271 Dual enrollment programs.— (3) Student eligibility requirements for initial enrollment in college credit dual enrollment courses must include a 3.0 unweighted high school grade point average and the minimum score on a common placement test adopted by the State Board of Education which indicates that the student is ready for college level coursework.

Student eligibility requirements for continued enrollment in college credit dual enrollment courses must include the maintenance of a 3.0 unweighted high school grade point average and the minimum postsecondary grade point average established by the postsecondary institution.

Regardless of meeting student eligibility requirements for continued enrollment, a student may lose the opportunity to participate in a dual enrollment course if the student is disruptive to the learning process such that the progress of other students or the efficient administration of the course is hindered.

Student eligibility requirements for initial and continued enrollment in career certificate dual enrollment courses must include a 2.0 unweighted high school grade point average.

Exceptions to the required grade point averages may be granted on an individual student basis if the educational entities agree and the terms of the agreement are contained within the dual enrollment articulation agreement established pursuant to subsection (21).

Florida College System institution boards of trustees may establish additional initial student eligibility requirements, which shall be included in the dual enrollment articulation agreement, to ensure student readiness for postsecondary instruction.

Additional requirements included in the agreement may not arbitrarily prohibit students who have demonstrated the ability to master advanced courses from participating in dual enrollment courses or limit the number of dual enrollment courses in which a student may enroll based solely upon enrollment by the student at an independent postsecondary institution.

(13) (b) Each postsecondary institution eligible to participate in the dual enrollment program pursuant to s.

Section 7. Subsection13. Subsection (5), paragraph (j) of subsection (6), and subsection (8) of section 1007.35, Florida Statutes, are amended to read:

(a) Test results will provide each high school with a database of student assessment data which certified school counselors will use to identify students who are prepared or who need additional work to be prepared to enroll and be successful in credit-bearing college coursework, including dual enrollment programs, AP courses,courses or other advanced high school courses.

Section 8. Paragraph14. For (l)the 2018-2019 fiscal year, the sum of subsection$9.7 (5)million andin paragraphrecurring (a)funds offrom subsectionthe (11)General Revenue Fund is appropriated to the Department of sectionEducation 1002.385,to Floridafund Statutes,reading arescholarship amendedaccounts pursuant to read:s.

1002.385 The1002.411, GardinerFlorida Scholarship.—Statutes, (5) AUTHORIZEDand USES$300,000 OFin PROGRAMrecurring FUNDS.—Program funds mustfrom bethe usedGeneral toRevenue meetFund theshall individualbe educationalprovided needsas of an eligibleadministrative studentfee andpursuant mayto bes. spent for the following purposes:

(l) Fees1002.411(7)(g), forFlorida anStatutes. annual evaluation of educational progress by a state-certified teacher under s.

1002.41(1)(f)Section s.15. This act shall take effect July 1, 2018.

1002.41(1)(c), if this option is chosen for a home education student.

512 A provider of any services receiving payments pursuant to this subsection may not share, refund, or rebate any moneys from the Gardiner Scholarship with the parent or participating student in any manner.

A parent, student, or provider of any services may not bill an insurance company, Medicaid, or any other agency for the same services that are paid for using Gardiner Scholarship funds.

(11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION.—A parent who applies for program participation under this section is exercising his or her parental option to determine the appropriate placement or the services that best meet the needs of his or her child.

The scholarship award for a student is based on a matrix that assigns the student to support Level III services.

If a parent receives an IEP and a matrix of services from the school district pursuant to subsection (7), the amount of the payment shall be adjusted as needed, when the school district completes the matrix.

(a) To satisfy or maintain program eligibility, including eligibility to receive and spend program payments, the parent must sign an agreement with the organization and annually submit a notarized, sworn compliance statement to the organization to:

1. Affirm that the student is enrolled in a program that meets regular school attendance requirements as provided in s.

1003.01(13)(b)-(d).

2. Affirm that the program funds are used only for authorized purposes serving the student’s educational needs, as described in subsection (5).

3. Affirm that the parent is responsible for the education of his or her student by, as applicable:

a. Requiring the student to take an assessment in accordance with paragraph (8)(c);

b. Providing an annual evaluation in accordance with s.

1002.41(1)(f) s.

1002.41(1)(c);

or c. Requiring the child to take any preassessments and postassessments selected by the provider if the child is 4 years of age and is enrolled in a program provided by an eligible Voluntary Prekindergarten Education Program provider.

A student with disabilities for whom a preassessment and postassessment is not appropriate is exempt from this requirement.

A participating provider shall report a student’s scores to the parent.

4. Affirm that the student remains in good standing with the provider or school if those options are selected by the parent.

556 A parent who fails to comply with this subsection forfeits the Gardiner Scholarship.

Section 9. This act shall take effect July 1, 2018.