Florida 2022 Regular Session Status: Passed House

HB 5101 — Education

Last action — Died in Appropriations, companion bill(s) passed, see HB 5001 (Ch. 2022-156), HB 5003 (Ch. 2022-157), SB 2524 (Ch. 2022-154)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Education; Revises provisions relating to charter schools & virtual charter schools, certain scholarship programs, virtual instruction programs & FEFP.

Bill Text

What changed in the latest version

2504 added · 2109 removed

2504 line(s) added, 2109 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 A bill to be entitled An act relating to education;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 A bill to be entitled An act relating to education;
revising the requirements for school district and charter school capacity determinations;
revising requirements for a certain district school board process required for controlled open enrollment;
revising the scholarship amount for students enrolled in certain public schools or lab schools;
amending ss.
1002.395 and 1002.40, F.S.;
revising Department of Education duties under the Florida Tax Credit Scholarship Program and the Hope Scholarship Program, respectively;
1002.45, F.S.;
1002.395, F.S.;
revising and providing definitions;
revising duties of the department Page 1of 90 CODING:
authorizing students who reside in the school district, rather than students enrolled in the school Page 1of 76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 district, to participate in school district virtual instruction programs;
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 under the Florida Tax Credit Scholarship Program;
authorizing administrative expenses to include certain contracts and strategies relating to the transportation of students;
revising the scholarship amount for students enrolled in certain public schools or lab schools;
amending s.
1002.40, F.S.;
revising Department of Education duties under the Hope Scholarship Program;
amending s.
1002.411, F.S.;
revising student eligibility requirements for reading scholarship accounts;
providing that a school district may not prohibit instructional personnel from providing services during specified time periods;
amending s.
1002.45, F.S.;
revising and providing definitions;
authorizing students who reside in the school district, rather than students enrolled in the school district, to participate in school district virtual instruction programs;
revising the requirements for approval of a virtual instruction program provider;
revising the requirements for Page 2of 90 CODING:
Words strickenare deletions;
words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 approval of a virtual instruction program provider;
requiring school districts enrolling certain students in virtual Page 2of 76 CODING:
requiring school districts enrolling certain students in virtual education programs to comply with specified enrollment requirements;
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 education programs to comply with specified enrollment requirements;
1003.485, F.S.;
requiring the administrator of the New Worlds Reading Initiative to provide specified professional development and resources to teachers;
requiring students be provided with specified options upon enrollment;
amending s.
amending s.
Page 3of 90 CODING:
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words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 amending s.
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conforming cross-references;
conforming cross- references;
1006.22, F.S.;
revising the requirements for the use of motor vehicles other than school buses for the transportation of students;
amending s.
1006.27, F.S.;
requiring the department to develop a grant program for specified purposes relating to the transportation of students;
providing requirements for the program;
requiring the department to publish on its website an interim and final report by specified dates;
providing requirements for such reports;
amending s.
amending s.
1011.68, F.S.;
revising the requirements for specified student transportation funds to be used to pay for transportation in specified vehicles;
Be It Enacted by the Legislature of the State of Florida:
Page 4of 90 CODING:
Section 1.
Paragraphs (a) and (b) of subsection (2) of section 1002.31, Florida Statutes, are amended to read:
1002.31 Controlled open enrollment;
Public school parental choice.— Page 3of 76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 (2)(a) Beginning by the 2017-2018 school year, As part of a school district's or charter school's controlled open enrollment process, and in addition to the existing public school choice programs provided in s.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 Be It Enacted by the Legislature of the State of Florida:
Section 1.
Paragraphs (a) and (b) of subsection (2) and paragraph (f) of subsection (3) of section 1002.31, Florida Statutes, are amended, and paragraphs (j) and (k) are added to subsection (3) of that section, to read:
1002.31 Controlled open enrollment;
Public school parental choice.— (2)(a) Beginning by the 2017-2018 school year, As part of a school district's or charter school's controlled open enrollment process, and in addition to the existing public school choice programs provided in s.
A school district or charter school may provide transportation to students described under this section.
A school district or charter Page 5of 90 CODING:
(b) Each school district and charter school capacity determinations for its schools must be current and must be identified on the school district and charter school's websites.
In determining the capacity of each district school, the district school board shall incorporate the specifications, plans, elements, and commitments contained in the school district educational facilities plan and the long-term work Page 4of 76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 programs required under s.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 school may provide transportation to students described under this section.
(b) Each school district and charter school capacity determinations for its schools, by grade level, must be updated every 12 weeks current and must be identified on the school district and charter school's websites.
In determining the capacity of each district school, the district school board shall incorporate the specifications, plans, elements, and commitments contained in the school district educational facilities plan and the long-term work programs required under s.
(3) Each district school board shall adopt by rule and post on its website the process required to participate in controlled open enrollment.
The process must:
(f) Require school districts to provide information on Address the availability of transportation options, such as:
1.
The responsibility of school districts to provide transportation to another public school pursuant to ss.
1002.38, 1002.39, and 1002.394.
2.
The availability of funds for transportation under ss.
Page 6of 90 CODING:
Words strickenare deletions;
words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 1002.394, 1002.395, and 1011.68.
3.
Any other transportation the school district may provide.
4.
Any transportation options available in the community.
(j) Require school districts to maintain a wait list of students who are denied access due to capacity and notify parents when space becomes available.
(k) Require schools to accept students throughout the school year as capacity becomes available.
An existing charter school that is seeking to become a virtual charter school must amend its charter or submit a new application pursuant to subsection (6) to become a virtual charter school.
An existing Page 7of 90 CODING:
A Page 5of 76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 virtual charter school is subject to the requirements of this section;
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 charter school that is seeking to become a virtual charter school must amend its charter or submit a new application pursuant to subsection (6) to become a virtual charter school.
A virtual charter school is subject to the requirements of this section;
The charter shall be signed by the governing board of the charter school and the sponsor, following a public hearing to ensure community input.
The charter shall be signed by the Page 8of 90 CODING:
(a) The charter shall address and criteria for approval of Page 6of 76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 the charter shall be based on:
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 governing board of the charter school and the sponsor, following a public hearing to ensure community input.
(a) The charter shall address and criteria for approval of the charter shall be based on:
In order to provide students with access to diverse instructional delivery models, to facilitate the integration of technology within traditional classroom instruction, and to provide students with the skills they need to compete in the 21st century economy, the Legislature encourages instructional methods for blended learning courses consisting of both Page 7of 76 CODING:
In order to provide students with access to diverse instructional delivery models, to facilitate the integration of technology within traditional classroom instruction, and to Page 9of 90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 traditional classroom and online instructional techniques.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 provide students with the skills they need to compete in the 21st century economy, the Legislature encourages instructional methods for blended learning courses consisting of both traditional classroom and online instructional techniques.
How these baseline rates will be compared to rates of academic progress achieved by these same students while attending the charter school.
How these baseline rates will be compared to rates of Page 10 of90 CODING:
c.
To the extent possible, how these rates of progress Page 8of 76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 will be evaluated and compared with rates of progress of other closely comparable student populations.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 academic progress achieved by these same students while attending the charter school.
c.
To the extent possible, how these rates of progress will be evaluated and compared with rates of progress of other closely comparable student populations.
7.
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The admissions procedures and dismissal procedures, including the school's code of student conduct.
Admission or dismissal must not be based on a student's academic performance.
Page 9of 76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 8.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 7.
The admissions procedures and dismissal procedures, including the school's code of student conduct.
Admission or dismissal must not be based on a student's academic performance.
8.
A description of procedures that identify various risks and provide for a comprehensive approach to reduce the impact of losses;
A description of procedures that identify various risks and provide for a comprehensive approach to reduce the Page 12 of90 CODING:
plans to ensure the safety and security of students and staff;
plans to identify, minimize, and protect others from violent or disruptive student behavior;
and the Page 10 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and conditions thereof and the amounts of coverage.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 impact of losses;
plans to ensure the safety and security of students and staff;
plans to identify, minimize, and protect others from violent or disruptive student behavior;
and the manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and conditions thereof and the amounts of coverage.
Such long-term charters remain subject to annual review and may be terminated during the term of the charter, but only according to the provisions set forth in subsection (8).
Such long-term charters remain subject to annual review and may be terminated during the term of the charter, but only according to the Page 13 of90 CODING:
13.
The facilities to be used and their location.
The sponsor may not require a charter school to have a certificate Page 11 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 of occupancy or a temporary certificate of occupancy for such a facility earlier than 15 calendar days before the first day of school.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 provisions set forth in subsection (8).
13.
The facilities to be used and their location.
The sponsor may not require a charter school to have a certificate of occupancy or a temporary certificate of occupancy for such a facility earlier than 15 calendar days before the first day of school.
However, alternative arrangements shall not be required for current teachers who choose not to teach in a charter lab school, except as authorized by the employment policies of the state university which grants the charter to the lab school.
However, alternative arrangements shall not be required for current teachers who choose not to teach in a charter lab school, except Page 14 of90 CODING:
18.
Full disclosure of the identity of all relatives Page 12 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 employed by the charter school who are related to the charter school owner, president, chairperson of the governing board of directors, superintendent, governing board member, principal, assistant principal, or any other person employed by the charter school who has equivalent decisionmaking authority.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 as authorized by the employment policies of the state university which grants the charter to the lab school.
18.
Full disclosure of the identity of all relatives employed by the charter school who are related to the charter school owner, president, chairperson of the governing board of directors, superintendent, governing board member, principal, assistant principal, or any other person employed by the charter school who has equivalent decisionmaking authority.
The applicant and the sponsor have 40 days thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension.
The applicant and the sponsor have 40 days Page 15 of90 CODING:
The proposed charter contract shall be provided to Page 13 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 the charter school at least 7 calendar days before the date of the meeting at which the charter is scheduled to be voted upon by the sponsor.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension.
The proposed charter contract shall be provided to the charter school at least 7 calendar days before the date of the meeting at which the charter is scheduled to be voted upon by the sponsor.
The administrative law judge has final order authority to rule on issues of equitable treatment of the charter school as a public school, whether proposed provisions of the charter violate the intended flexibility granted charter schools by statute, or any other matter regarding this section, except a dispute regarding charter school application denial, a charter termination, or a charter nonrenewal.
The administrative law judge has final order authority to rule on issues of equitable treatment of the charter school as a public school, whether proposed provisions of the charter violate the intended flexibility granted charter schools by statute, or any other matter regarding this section, except a dispute regarding charter school application denial, a Page 16 of90 CODING:
The administrative law judge shall award the prevailing party reasonable attorney fees and costs incurred during the mediation process, Page 14 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 administrative proceeding, and any appeals, to be paid by the party against whom the administrative law judge rules.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 charter termination, or a charter nonrenewal.
The administrative law judge shall award the prevailing party reasonable attorney fees and costs incurred during the mediation process, administrative proceeding, and any appeals, to be paid by the party against whom the administrative law judge rules.
(d) A charter may be modified during its initial term or any renewal term upon the recommendation of the sponsor or the charter school's governing board and the approval of both parties to the agreement.
(d) A charter may be modified during its initial term or any renewal term upon the recommendation of the sponsor or the Page 17 of90 CODING:
Changes to curriculum which are consistent with state standards shall be deemed approved unless Page 15 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 the sponsor and the Department of Education determine in writing that the curriculum is inconsistent with state standards.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 charter school's governing board and the approval of both parties to the agreement.
Changes to curriculum which are consistent with state standards shall be deemed approved unless the sponsor and the Department of Education determine in writing that the curriculum is inconsistent with state standards.
(f) A charter may include a provision requiring the charter school to be held responsible for all costs associated with, but not limited to, mediation, damages, and attorney fees incurred by the district in connection with complaints to the Page 16 of76 CODING:
(f) A charter may include a provision requiring the Page 18 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 Office of Civil Rights or the Equal Employment Opportunity Commission.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 charter school to be held responsible for all costs associated with, but not limited to, mediation, damages, and attorney fees incurred by the district in connection with complaints to the Office of Civil Rights or the Equal Employment Opportunity Commission.
(17) FUNDING.—Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in a school district.
(17) FUNDING.—Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students Page 19 of90 CODING:
Words strickenare deletions;
words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 enrolled in other public schools in a school district.
The basis for the agreement for funding students Page 17 of76 CODING:
The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Education Finance Program as provided in s.
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Education Finance Program as provided in s.
For charter schools operated by a not-for-profit or municipal entity, any unrestricted current and capital assets identified in the charter school's annual financial audit may be used for other charter schools operated by the not-for-profit or municipal entity within the school district.
For charter schools operated by a not-for-profit or municipal entity, any unrestricted current and capital assets identified in the Page 20 of90 CODING:
Unrestricted current assets Page 18 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 shall be used in accordance with s.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 charter school's annual financial audit may be used for other charter schools operated by the not-for-profit or municipal entity within the school district.
Unrestricted current assets shall be used in accordance with s.
b.
Page 21 of90 CODING:
Capital outlay funding for a charter school sponsored by a state university or Florida College System institution pursuant to paragraph (5)(a) is determined pursuant to s.
Page 19 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 1013.62 and the General Appropriations Act.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 b.
Capital outlay funding for a charter school sponsored by a state university or Florida College System institution pursuant to paragraph (5)(a) is determined pursuant to s.
1013.62 and the General Appropriations Act.
The board of trustees shall be a public agency entitled to sovereign immunity pursuant to s.
The board of trustees shall Page 22 of90 CODING:
768.28, and board members shall be public officers who shall bear fiduciary responsibility for the Florida Virtual School.
Page 20 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 The board of trustees shall have the following powers and duties:
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 be a public agency entitled to sovereign immunity pursuant to s.
768.28, and board members shall be public officers who shall bear fiduciary responsibility for the Florida Virtual School.
The board of trustees shall have the following powers and duties:
The board of trustees is specifically authorized to adopt rules, policies, and procedures, consistent with law and rules of the State Board of Education related to governance, personnel, budget and finance, administration, programs, curriculum and instruction, travel and purchasing, technology, students, contracts and grants, and property as necessary for optimal, efficient operation of the Florida Virtual School.
The board of trustees is specifically authorized to adopt rules, policies, and procedures, consistent with law and rules of the State Board of Education related to governance, personnel, budget and finance, administration, programs, curriculum and Page 23 of90 CODING:
Tangible Page 21 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 personal property owned by the board of trustees shall be subject to the provisions of chapter 273.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 instruction, travel and purchasing, technology, students, contracts and grants, and property as necessary for optimal, efficient operation of the Florida Virtual School.
Tangible personal property owned by the board of trustees shall be subject to the provisions of chapter 273.
Maintain and publish a list of nationally norm- referenced tests identified for purposes of satisfying the testing requirement in subparagraph (9)(c)1.
Maintain and publish a list of nationally norm- Page 24 of90 CODING:
The tests must meet industry standards of quality in accordance with state board Page 22 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 rule.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 referenced tests identified for purposes of satisfying the testing requirement in subparagraph (9)(c)1.
The tests must meet industry standards of quality in accordance with state board rule.
Require each organization to verify eligible expenditures before the distribution of funds for any expenditures made pursuant to subparagraphs (4)(b)1.
Require each organization to verify eligible expenditures before the distribution of funds for any Page 25 of90 CODING:
and 2.
Review of expenditures made for services specified in subparagraphs (4)(b)3.-15.
may be completed after the purchase Page 23 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 is made.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 expenditures made pursuant to subparagraphs (4)(b)1.
and 2.
Review of expenditures made for services specified in subparagraphs (4)(b)3.-15.
may be completed after the purchase is made.
Adjust payments to eligible nonprofit scholarship- funding organizations and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds allocated to school districts through the Florida Education Finance Program based upon the results of the cross-check completed pursuant to subparagraph 2.
Adjust payments to eligible nonprofit scholarship- funding organizations and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds Page 26 of90 CODING:
Page 24 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 (12) SCHOLARSHIP FUNDING AND PAYMENT.— (a)1.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 allocated to school districts through the Florida Education Finance Program based upon the results of the cross-check completed pursuant to subparagraph 2.
(12) SCHOLARSHIP FUNDING AND PAYMENT.— (a)1.
a.b.
Page 27 of90 CODING:
Is a dependent child of a member of the United States Armed Forces, a foster child, or an adopted child;
or b.c.
Is determined eligible pursuant to subparagraph Page 25 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 (3)(a)1.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 a.b.
Is a dependent child of a member of the United States Armed Forces, a foster child, or an adopted child;
or b.c.
Is determined eligible pursuant to subparagraph (3)(a)1.
1011.62(1)(c)1., plus a per-full-time equivalent share of funds for all categorical programs, except for the exceptional student education guaranteed allocation established pursuant to s.
1011.62(1)(c)1., plus a per-full-time equivalent share of funds for all categorical programs, except for the exceptional student Page 28 of90 CODING:
1011.62(1)(e).
3.
The amount of the scholarship shall be the calculated Page 26 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 amount or the amount of the private school's tuition and fees, whichever is less.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 education guaranteed allocation established pursuant to s.
1011.62(1)(e).
3.
The amount of the scholarship shall be the calculated amount or the amount of the private school's tuition and fees, whichever is less.
A scholarship of $750 may be awarded to a student who is determined eligible pursuant to subparagraph (3)(a)1.
A scholarship of $750 or an amount equal to the school district expenditure per student riding a school bus, whichever is greater, may be awarded to a student who is determined eligible pursuant to subparagraph (3)(a)1.
to the organization for quarterly disbursement to parents of participating students each school year in which the scholarship is in force.
to the Page 29 of90 CODING:
For a student exiting a Department of Juvenile Justice commitment program who chooses to participate in the Page 27 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 scholarship program, the amount of the Family Empowerment Scholarship calculated pursuant to subparagraph 2.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 organization for quarterly disbursement to parents of participating students each school year in which the scholarship is in force.
For a student exiting a Department of Juvenile Justice commitment program who chooses to participate in the scholarship program, the amount of the Family Empowerment Scholarship calculated pursuant to subparagraph 2.
An organization shall ensure that the parent to whom the warrant is made has restrictively endorsed the warrant to the private school for deposit into the account of the private school or that the parent has approved a funds transfer before any scholarship funds are deposited.
An organization shall ensure that the parent to whom the warrant is made has restrictively endorsed the warrant Page 30 of90 CODING:
(b)1.
Scholarships for students determined eligible Page 28 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 pursuant to paragraph (3)(b) are established for up to 20,000 students annually beginning in the 2021-2022 school year.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 to the private school for deposit into the account of the private school or that the parent has approved a funds transfer before any scholarship funds are deposited.
(b)1.
Scholarships for students determined eligible pursuant to paragraph (3)(b) are established for up to 20,000 students annually beginning in the 2021-2022 school year.
For purposes of this subparagraph, the term "prior school year in attendance" means that the student was enrolled and reported by:
For purposes of this subparagraph, the term "prior school year in attendance" means that the student was enrolled and reported Page 31 of90 CODING:
(I) A school district for funding during either the preceding October or February full-time equivalent student membership Florida Education Finance Program surveys in Page 29 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 kindergarten through grade 12, which includes time spent in a Department of Juvenile Justice commitment program if funded under the Florida Education Finance Program;
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 by:
(I) A school district for funding during either the preceding October or February full-time equivalent student membership Florida Education Finance Program surveys in kindergarten through grade 12, which includes time spent in a Department of Juvenile Justice commitment program if funded under the Florida Education Finance Program;
and (e)1.c., plus a per full-time equivalent share of funds for all categorical programs, as funded in the General Appropriations Act, except that for the exceptional student education guaranteed allocation, as provided in s.
and (e)1.c., Page 32 of90 CODING:
1011.62(1)(e)1.c.
and Page 30 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 2., the funds must be allocated based on the school district's average exceptional student education guaranteed allocation funds per exceptional student education full-time equivalent student.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 plus a per full-time equivalent share of funds for all categorical programs, as funded in the General Appropriations Act, except that for the exceptional student education guaranteed allocation, as provided in s.
1011.62(1)(e)1.c.
and 2., the funds must be allocated based on the school district's average exceptional student education guaranteed allocation funds per exceptional student education full-time equivalent student.
or the amount the student received for the 2020- 2021 school year.
or the amount the student received for the 2020- Page 33 of90 CODING:
6.
Upon notification from an organization on July 1, September 1, December 1, and February 1 that an application has been approved for the program, the department shall verify that Page 31 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 the student is not prohibited from receiving a scholarship pursuant to subsection (6).
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 2021 school year.
6.
Upon notification from an organization on July 1, September 1, December 1, and February 1 that an application has been approved for the program, the department shall verify that the student is not prohibited from receiving a scholarship pursuant to subsection (6).
Commodities or services related to the development of such a system must be procured by competitive solicitation unless they are purchased from a state term contract pursuant to s.
Commodities or services related to the development of such a system must be procured by competitive solicitation unless they are purchased from a state Page 34 of90 CODING:
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 term contract pursuant to s.
Page 32 of76 CODING:
Section 5.
Paragraph (j) of subsection (6), paragraph (d) of subsection (9), and paragraph (a) of subsection (11) of section 1002.395, Florida Statutes, are amended to read:
1002.395 Florida Tax Credit Scholarship Program.— (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS.—An eligible nonprofit scholarship-funding organization:
(j)1.
May use eligible contributions received pursuant to this section and ss.
212.099, 212.1832, and 1002.40 during the state fiscal year in which such contributions are collected for administrative expenses if the organization has operated as an eligible nonprofit scholarship-funding organization 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 paragraph (m).
Administrative expenses from eligible contributions may not exceed 3 percent of the total amount of all scholarships funded by an eligible scholarship-funding organization under this chapter.
Such administrative expenses must be reasonable and necessary for the organization's management and distribution of scholarships funded under this chapter.
Administrative expenses may include developing or Page 35 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 Section 5.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 contracting with rideshare programs or facilitating carpool strategies for recipients of a transportation scholarship.
Paragraph (d) of subsection (9) of section 1002.395, Florida Statutes, is amended to read:
No funds authorized under this subparagraph shall be used for lobbying or political activity or expenses related to lobbying or political activity.
1002.395 Florida Tax Credit Scholarship Program.— (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of Education shall:
Up to one-third of the funds authorized for administrative expenses under this subparagraph may be used for expenses related to the recruitment of contributions from taxpayers.
(d) Cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds allocated to school districts through the Florida Education Finance Program based upon the results of the cross-check.
An eligible nonprofit scholarship-funding organization may not charge an application fee.
2.
Must expend for annual or partial-year scholarships an amount equal to or greater than 75 percent of the net eligible contributions remaining after administrative expenses during the state fiscal year in which such contributions are collected.
No more than 25 percent of such net eligible contributions may be carried forward to the following state fiscal year.
All amounts carried forward, for audit purposes, must be specifically identified for particular students, by student name and the name of the school to which the student is admitted, subject to the requirements of ss.
1002.22 and 1002.221 and 20 U.S.C.
s.
1232g, and the applicable rules and regulations issued pursuant thereto.
Any amounts carried forward shall be expended for annual or partial-year scholarships in the following state fiscal year.
No later than September 30 of each year, net eligible contributions remaining on June 30 of each year that are in excess of the 25 percent that may be carried forward Page 36 of90 CODING:
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 shall be used to provide scholarships to eligible students or transferred to other eligible nonprofit scholarship-funding organizations to provide scholarships for eligible students.
All transferred funds must be deposited by each eligible nonprofit scholarship-funding organization receiving such funds into its scholarship account.
All transferred amounts received by any eligible nonprofit scholarship-funding organization must be separately disclosed in the annual financial audit required under paragraph (m).
3.
Must, before granting a scholarship for an academic year, document each scholarship student's eligibility for that academic year.
A scholarship-funding organization may not grant multiyear scholarships in one approval process.
Information and documentation provided to the Department of Education and the Auditor General relating to the identity of a taxpayer that provides an eligible contribution under this section shall remain confidential at all times in accordance with s.
213.053.
(9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of Education shall:
(d) Cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds allocated to Page 37 of90 CODING:
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 school districts through the Florida Education Finance Program based upon the results of the cross-check.
(11) SCHOLARSHIP AMOUNT AND PAYMENT.— (a) The scholarship amount provided to any student for any single school year by an eligible nonprofit scholarship-funding organization from eligible contributions shall be for total costs authorized under paragraph (6)(d), not to exceed annual limits, which shall be determined as follows:
1.
For a student who received a scholarship in the 2018- 2019 school year, who remains eligible, and who is enrolled in an eligible private school, the amount shall be the greater amount calculated pursuant to subparagraph 2.
or a percentage of the unweighted FTE funding amount for the 2018-2019 state fiscal year and thereafter as follows:
a.
Eighty-eight percent for a student enrolled in kindergarten through grade 5.
b.
Ninety-two percent for a student enrolled in grade 6 through grade 8.
c.
Ninety-six percent for a student enrolled in grade 9 through grade 12.
2.
For students initially eligible in the 2019-2020 school year or thereafter, the calculated amount for a student to attend an eligible private school shall be calculated in accordance with s.
1002.394(12)(a).
3.
The scholarship amount awarded to a student enrolled in Page 38 of90 CODING:
Words strickenare deletions;
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 a Florida public school in which a student is enrolled and that is different from the school to which the student was assigned or in a lab school as defined in s.
1002.32, must be an amount equal to the school district expenditure per student riding a school bus or is limited to $750, whichever is greater.
Subsections (6) through (11) of section 1002.45, Florida Statutes, are renumbered as subsections (5) through (10), respectively, and subsections (1) and (2), Page 33 of76 CODING:
Subsections (2) and (6) of section 1002.411, Florida Statutes, are amended to read:
1002.411 Reading scholarship accounts.— (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 in kindergarten through grade 5 is eligible for a reading scholarship account if the student has a substantial reading deficiency identified under s.
1008.25(5)(a) or scored below a Level 3 on the grade 3 Page 39 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 paragraphs (b), (c), and (d) of subsection (3), subsections (4) and (5), and present subsections (6), (7), (8), and (11) of section 1002.45, Florida Statutes, are amended, to read:
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 or grade 4 statewide, standardized English Language Arts (ELA) assessment in the prior school year.
1002.45 Virtual instruction programs.— (1) PROGRAM.— (a) For purposes of this section, the term:
An eligible student who is classified as an English Language Learner and is enrolled in a program or receiving services that are specifically designed to meet the instructional needs of English Language Learner students shall receive priority.
(6) SCHOOL DISTRICT OBLIGATIONS;
PARENTAL OPTIONS.— (a) By September 30, the school district shall notify the parent of each student in kindergarten grades 3 through grade 5 who has a substantial reading deficiency identified under s.
1008.25(5)(a) or 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.
(b) A school district may not prohibit instructional personnel from providing services pursuant to this section on the instructional personnel's school campus outside regular work hours.
Section 8.
Subsections (6) through (11) of section 1002.45, Florida Statutes, are renumbered as subsections (5) through (10), respectively, and subsections (1) and (2), paragraphs (b), (c), and (d) of subsection (3), subsections (4) and (5), and present subsections (6), (7), (8), and (11) of section 1002.45, Florida Statutes, are amended, to read:
1002.45 Virtual instruction programs.— Page 40 of90 CODING:
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 (1) PROGRAM.— (a) For purposes of this section, the term:
A Page 34 of76 CODING:
A school district virtual instruction program shall consist of the following:
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words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 school district virtual instruction program shall consist of the following:
b.2.
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 b.2.
A district may report full-time equivalent student membership for credit earned by a student who is enrolled in a virtual education course provided by the district which was Page 35 of76 CODING:
A district may report full-time equivalent student membership for credit earned by a student who is enrolled in a virtual education course provided by the district which was completed after the end of the regular school year if the FTE is reported no later than the deadline for amending the final student membership report for that year.
2.
Contract with an approved virtual instruction program Page 42 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 completed after the end of the regular school year if the FTE is reported no later than the deadline for amending the final student membership report for that year.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 provider under subsection (2) for the provision of a full-time or part-time program under paragraph (b).
2.
Contract with an approved virtual instruction program provider under subsection (2) for the provision of a full-time or part-time program under paragraph (b).
1001.42(4)(d) and does not require the Page 36 of76 CODING:
1001.42(4)(d) and does not require the participating school districts to be contiguous.
These arrangements may be used to fulfill the requirements of paragraph (b).
(d) A virtual charter school may provide full-time or Page 43 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 participating school districts to be contiguous.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 part-time virtual instruction for students in kindergarten through grade 12 residing within the school district sponsoring the virtual charter school if the virtual charter school has a charter approved pursuant to s.
These arrangements may be used to fulfill the requirements of paragraph (b).
(d) A virtual charter school may provide full-time or part-time virtual instruction for students in kindergarten through grade 12 residing within the school district sponsoring the virtual charter school if the virtual charter school has a charter approved pursuant to s.
Expend any the difference in the amount of funds per unweighted full-time equivalent virtual student allocated to provided for a student participating in the school district Page 37 of76 CODING:
Expend any the difference in the amount of funds per unweighted full-time equivalent virtual student allocated to provided for a student participating in the school district virtual instruction program pursuant to subsection (6)(7) and the amount price paid per unweighted full-time equivalent virtual student by the school district for a contract executed pursuant to subparagraph (c)1.
or subparagraph (c)2.
on for Page 44 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 virtual instruction program pursuant to subsection (6)(7) and the amount price paid per unweighted full-time equivalent virtual student by the school district for a contract executed pursuant to subparagraph (c)1.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 acquiring computer and device hardware and associated operating system software that comply with the requirements of s.
or subparagraph (c)2.
on for acquiring computer and device hardware and associated operating system software that comply with the requirements of s.
(2) PROVIDER QUALIFICATIONS.— (a) The department shall annually publish on its website online a list of providers approved by the State Board of Page 38 of76 CODING:
(2) PROVIDER QUALIFICATIONS.— (a) The department shall annually publish on its website online a list of providers approved by the State Board of Education to offer virtual instruction programs.
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 Education to offer virtual instruction programs.
Is nonsectarian in its programs, admission policies, employment practices, and operations;
Is nonsectarian in its programs, admission policies, Page 45 of90 CODING:
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 employment practices, and operations;
Any requirement for regular contact with the instructor for the course and clear expectations for meeting the Page 39 of76 CODING:
Any requirement for regular contact with the instructor for the course and clear expectations for meeting the requirement.
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 requirement.
5.
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 5.
Page 40 of76 CODING:
a.
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 a.
Instructional content and services that align with, and measure student attainment of, student proficiency in the Next Generation Sunshine State Standards.
Instructional content and services that align with, and Page 47 of90 CODING:
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 measure student attainment of, student proficiency in the Next Generation Sunshine State Standards.
Page 41 of76 CODING:
9.
If the approved virtual instruction program provider is a Florida College System institution, employs instructors who meet the certification requirements for instructional staff under chapter 1012;
and Page 48 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 9.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 10.
If the approved virtual instruction program provider is a Florida College System institution, employs instructors who meet the certification requirements for instructional staff under chapter 1012;
and 10.
(b) An approved virtual instruction program provider that maintains compliance with all requirements of this section shall retain its approved status for a period of during the 3 school years after the date of the department's approval by the State Page 42 of76 CODING:
(b) An approved virtual instruction program provider that maintains compliance with all requirements of this section shall retain its approved status for a period of during the 3 school years after the date of the department's approval by the State Board of Education under paragraph (a) as long as the provider continues to comply with all requirements of this section.
However, each provider approved by the department for the 2011- 2012 school year must reapply for approval to provide a part- Page 49 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 Board of Education under paragraph (a) as long as the provider continues to comply with all requirements of this section.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 time program for students in grades 9 through 12.
However, each provider approved by the department for the 2011- 2012 school year must reapply for approval to provide a part- time program for students in grades 9 through 12.
(4) CONTRACT REQUIREMENTS.—Each contract with an approved Page 43 of76 CODING:
(4) CONTRACT REQUIREMENTS.—Each contract with an approved virtual instruction program provider must, at minimum:
(a) Set forth a detailed curriculum plan that illustrates how students will be provided services and be measured for attainment of proficiency in the Next Generation Sunshine State Page 50 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 virtual instruction program provider must, at minimum:
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 Standards for each grade level and subject.
(a) Set forth a detailed curriculum plan that illustrates how students will be provided services and be measured for attainment of proficiency in the Next Generation Sunshine State Standards for each grade level and subject.
(h) Provide the current incoming baseline standard of student academic achievement, the outcomes to be achieved, the Page 44 of76 CODING:
(h) Provide the current incoming baseline standard of student academic achievement, the outcomes to be achieved, the method of measurement that will be used, and a detailed description of:
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 method of measurement that will be used, and a detailed description of:
2.
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 2.
Page 45 of76 CODING:
(b) Take statewide assessments pursuant to s.
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 (b) Take statewide assessments pursuant to s.
If requested by the approved virtual instruction program provider or virtual charter school, the district of residence must provide the student with access to the district's testing facilities.
If requested by the Page 52 of90 CODING:
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 approved virtual instruction program provider or virtual charter school, the district of residence must provide the student with access to the district's testing facilities.
Page 46 of76 CODING:
1003.03 and 1011.685.
The school district providing the virtual instruction shall report the full-time equivalent students for a virtual instruction program or a virtual charter school to the department in a manner prescribed by the department.
Page 53 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 1003.03 and 1011.685.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 (b) Students enrolled in a virtual instruction program shall be funded in the Florida Education Finance Program as provided in the General Appropriations Act.
The school district providing the virtual instruction shall report the full-time equivalent students for a virtual instruction program or a virtual charter school to the department in a manner prescribed by the department.
(b) Students enrolled in a virtual instruction program shall be funded in the Florida Education Finance Program as provided in the General Appropriations Act.
Page 47 of76 CODING:
(c)(e) A Florida College System institution provider may not report students who are served in a virtual instruction program for funding under the Florida College System Program Fund.
Page 54 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 (c)(e) A Florida College System institution provider may not report students who are served in a virtual instruction program for funding under the Florida College System Program Fund.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 (7)(8) ASSESSMENT AND ACCOUNTABILITY.— (a) Each approved virtual instruction program provider contracted pursuant to under this section must:
(7)(8) ASSESSMENT AND ACCOUNTABILITY.— (a) Each approved virtual instruction program provider contracted pursuant to under this section must:
The department shall develop an evaluation method for providers of Page 48 of76 CODING:
The department shall develop an evaluation method for providers of part-time programs which includes the percentage of students making learning gains, the percentage of students successfully passing any required end-of-course assessment, the percentage of students taking Advanced Placement examinations, and the Page 55 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 part-time programs which includes the percentage of students making learning gains, the percentage of students successfully passing any required end-of-course assessment, the percentage of students taking Advanced Placement examinations, and the percentage of students scoring 3 or higher on an Advanced Placement examination.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 percentage of students scoring 3 or higher on an Advanced Placement examination.
1008.34 after all school grade appeals are final or earns two consecutive a school improvement ratings Page 49 of76 CODING:
1008.34 after all school grade appeals are final or earns two consecutive a school improvement ratings rating of "Unsatisfactory" pursuant to under s.
1008.341 for 2 years during any consecutive 4-year period or has violated any qualification requirement pursuant to subsection (2).
An approved virtual instruction program A provider that has a Page 56 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 rating of "Unsatisfactory" pursuant to under s.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 contract terminated under this paragraph may not be considered an approved virtual instruction program provider for a period of at least 1 year after the date upon which the contract was terminated and until the State Board of Education department determines that the virtual instruction program provider is in compliance with subsection (2) and has corrected each cause of the provider's low performance.
1008.341 for 2 years during any consecutive 4-year period or has violated any qualification requirement pursuant to subsection (2).
An approved virtual instruction program A provider that has a contract terminated under this paragraph may not be considered an approved virtual instruction program provider for a period of at least 1 year after the date upon which the contract was terminated and until the State Board of Education department determines that the virtual instruction program provider is in compliance with subsection (2) and has corrected each cause of the provider's low performance.
Section 8.
Section 9.
(1) School district operated part-time or full-time kindergarten through grade 12 virtual instruction programs Page 50 of76 CODING:
(1) School district operated part-time or full-time kindergarten through grade 12 virtual instruction programs pursuant to s.
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hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 pursuant to s.
1002.33 to students within the school district or to students in other school districts throughout the state pursuant to s.
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hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 1002.33 to students within the school district or to students in other school districts throughout the state pursuant to s.
Section 9.
Section 10.
Paragraph (b) of subsection (2) of section 1003.498, Florida Statutes, is amended to read:
Paragraph (b) of subsection (2) and paragraph (d) of subsection (4) of section 1003.485, Florida Statutes, are amended to read:
1003.498 School district virtual course offerings.— Page 51 of76 CODING:
1003.485 The New Worlds Reading Initiative.— (2) NEW WORLDS READING INITIATIVE;
ADMINISTRATION.—The New Worlds Reading Initiative is established under the department to improve literacy skills and instill a love of reading by Page 58 of90 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 (2) School districts may offer virtual courses for students enrolled in the school district.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 providing high-quality, free books to students in kindergarten through grade 5 who are reading below grade level.
(b) The administrator shall:
1.
Develop, in consultation with the Just Read, Florida! Office under s.
1001.215, a selection of high-quality books encompassing diverse subjects and genres for each grade level to be mailed to students in the initiative.
2.
Distribute books at no cost to students as provided in paragraph (4)(c) either directly or through an agreement with a book distribution company.
3.
Assist local implementation of the initiative by providing marketing materials to school districts and any partnering nonprofit organizations to assist with public awareness campaigns and other activities designed to increase family engagement and instill a love of reading in students.
4.
Maintain a clearinghouse for information on national, state, and local nonprofit organizations that support efforts to improve literacy and provide books to children.
5.
Develop training materials for parents of students in the initiative, including brief video training modules, which engage families in reading and assist with improving student literacy skills.
The administrator shall periodically send, via text message and e-mail, tips for facilitating reading at home and hyperlinks to the video training modules.
6.
Provide to teachers professional development and Page 59 of90 CODING:
Words strickenare deletions;
words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 resources that correlate with the books provided through the initiative.
7.6.
Annually submit to the department an annual financial report that includes, at a minimum, the amount of eligible contributions received by the administrator;
the amount spent on each activity required by this paragraph, including administrative expenses;
and the number of students and households served under the initiative.
8.7.
Maintain separate accounts for operating funds and funds for the purchase and delivery of books.
9.8.
Expend eligible contributions received only for the purchase and delivery of books and to implement the requirements of this section, as well as for administrative expenses not to exceed 2 percent of total eligible contributions.
Notwithstanding s.
1002.395(6)(j)2., the administrator may carry forward up to 25 percent of eligible contributions to the following state fiscal year for purposes authorized by this subsection.
Any eligible contributions in excess of the 25 percent carry forward not used to provide additional books throughout the year to eligible students shall revert to the state treasury.
10.9.
Upon receipt of a contribution, provide the taxpayer that made the contribution with a certificate of contribution.
A certificate of contribution must include the taxpayer's name and, if available, its federal employer identification number;
Page 60 of90 CODING:
Words strickenare deletions;
words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 the amount contributed;
the date of contribution;
and the name of the administrator.
(4) ELIGIBILITY;
NOTIFICATION;
SCHOOL DISTRICT OBLIGATIONS.— (d) Upon enrollment and at the beginning of each school year, students must be provided options for specific book topics or genres in order to maximize student interest in reading.
Section 11.
Paragraph (b) of subsection (2) of section 1003.498, Florida Statutes, is amended to read:
1003.498 School district virtual course offerings.— (2) School districts may offer virtual courses for students enrolled in the school district.
The Department of Education shall establish procedures to enable interdistrict coordination for the delivery and funding of this online option.
The Department of Education shall establish Page 61 of90 CODING:
Words strickenare deletions;
words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 procedures to enable interdistrict coordination for the delivery and funding of this online option.
Section 10.
Section 12.
1003.52 Educational services in Department of Juvenile Justice programs.— (13)(a) Funding for eligible students enrolled in juvenile justice education programs shall be the same as traditional Page 52 of76 CODING:
1003.52 Educational services in Department of Juvenile Justice programs.— (13)(a) Funding for eligible students enrolled in juvenile justice education programs shall be the same as traditional students funded in provided through the Florida Education Finance Program and as specified provided in s.
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 students funded in provided through the Florida Education Finance Program and as specified provided in s.
a.
Page 62 of90 CODING:
Words strickenare deletions;
words underlined are additions.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 a.
If the district does not levy the maximum discretionary local effort and the district's actual discretionary local Page 53 of76 CODING:
If the district does not levy the maximum discretionary local effort and the district's actual discretionary local effort per FTE is less than the state average potential discretionary local effort per FTE, the proportionate share shall be equal to the district's actual discretionary local effort per FTE.
Words strickenare deletions;
words underlined are additions.
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 effort per FTE is less than the state average potential discretionary local effort per FTE, the proportionate share shall be equal to the district's actual discretionary local effort per FTE.
Section 11.
Section 13.
1006.12 Safe-school officers at each public school.—For the protection and safety of school personnel, property, students, and visitors, each district school board and school district superintendent shall partner with law enforcement agencies or security agencies to establish or assign one or more safe-school officers at each school facility within the district, including charter schools.
1006.12 Safe-school officers at each public school.—For the protection and safety of school personnel, property, students, and visitors, each district school board and school district superintendent shall partner with law enforcement Page 63 of90 CODING:
A district school board must collaborate with charter school governing boards to facilitate charter school access to all safe-school officer options available under this section.
The school district may implement any combination of the options in subsections (1)-(4) to best meet the needs of the school district and charter schools.
(1) SCHOOL RESOURCE OFFICER.—A school district may Page 54 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 establish school resource officer programs through a cooperative agreement with law enforcement agencies.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 agencies or security agencies to establish or assign one or more safe-school officers at each school facility within the district, including charter schools.
A district school board must collaborate with charter school governing boards to facilitate charter school access to all safe-school officer options available under this section.
The school district may implement any combination of the options in subsections (1)-(4) to best meet the needs of the school district and charter schools.
(1) SCHOOL RESOURCE OFFICER.—A school district may establish school resource officer programs through a cooperative agreement with law enforcement agencies.
Activities conducted by the school resource officer which are part of the regular instructional program of the school shall be under the direction of the school principal.
Activities conducted Page 64 of90 CODING:
(c) Complete mental health crisis intervention training using a curriculum developed by a national organization with expertise in mental health crisis intervention.
The training shall improve officers' knowledge and skills as first responders to incidents involving students with emotional disturbance or mental illness, including de-escalation skills to ensure student and officer safety.
Page 55 of76 CODING:
hb5101-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB5101 2022 (2) SCHOOL SAFETY OFFICER.—A school district may commission one or more school safety officers for the protection and safety of school personnel, property, and students within the school district.
hb5101-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB5101 2022 by the school resource officer which are part of the regular instructional program of the school shall be under the direction of the school principal.
(c) Complete mental health crisis intervention training using a curriculum developed by a national organization with expertise in mental health crisis intervention.
The training shall improve officers' knowledge and skills as first responders to incidents involving students with emotional disturbance or mental illness, including de-escalation skills to ensure student and officer safety.
(2) SCHOOL SAFETY OFFICER.—A school district may commission one or more school safety officers for the protection and safety of school personnel, property, and students within the school district.
(b) A school safety officer has and shall exercise the power to make arrests for violations of law on district school board property and to arrest persons, whether on or off such property, who violate any law on such property under the same conditions that deputy sheriffs are authorized to make arrests.
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View plain text versions (2)

Action History

  1. Died in Appropriations, companion bill(s) passed, see HB 5001 (Ch. 2022-156), HB 5003 (Ch. 2022-157), SB 2524 (Ch. 2022-154)

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Appropriations

  5. In Messages

  6. Immediately certified

  7. Requests that the Senate pass the bill as passed by the House or agree to include the bill in the Budget Conference

  8. CS passed; YEAS 97, NAYS 20

  9. Read 3rd time

  10. Added to Third Reading Calendar

  11. Placed on 3rd reading

  12. Read 2nd time

  13. 1st Reading (Committee Substitute 1)

  14. Bill added to Special Order Calendar (2/15/2022)

  15. Bill referred to House Calendar

  16. CS Filed

  17. Laid on Table under Rule 7.18(a)

  18. Reported out of Appropriations Committee

  19. Favorable with CS by Appropriations Committee

  20. Added to Appropriations Committee agenda

  21. Now in Appropriations Committee

  22. Referred to Appropriations Committee

  23. 1st Reading (Original Filed Version)

  24. Filed

Sponsors

  • Appropriations Committee · Primary
  • PreK-12 Appropriations Subcommittee · Primary
  • Fine · Primary

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 0 co-sponsors · 161 not signed on · 12 voted No

Sponsors (3)

  • Appropriations Committee
  • PreK-12 Appropriations Subcommittee
  • Fine

Co-sponsors (0)

None.

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 97 Yea · 20 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 43801
Republican 46000
Democrat 81201
Total 972002
% of votes cast 82%17%0%2%
How each member voted (119)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Nay
Altman — Yea
Goff-Marcil — Nay
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Tomkow — Yea
Diamond — Nay
Drake — Yea
McCurdy — Nay
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Nay
Williamson — Yea
Fernandez-Barquin — Yea
Fetterhoff — Yea
Fine — Yea
Payne — Yea
Zika — Yea
Fischer — Yea
Omphroy — Not Voting
Benjamin — Yea
Harding — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Nay
Ingoglia — Yea
Silvers — Yea
Jenne — Nay
Bush — Yea
Killebrew — Yea
Slosberg-King — Yea
Byrd — Yea
Caruso — Yea
Latvala — Yea
Casello — Yea
Learned — Nay
Sprowls — Yea
Stevenson — Yea
Clemons — Yea
Mariano — Yea
Toledo — Yea
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Nay
Chambliss, Kevin D. Democrat Nay
Daley, Dan Democrat Yea
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Not Voting
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 18 Yea · 5 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 7003
Unaffiliated 11403
Democrat 0100
Total 18506
% of votes cast 62%17%0%21%
How each member voted (29)
Member Party Vote
Renner — Not Voting
Roth — Yea
Stevenson — Not Voting
Tomkow — Yea
Willhite — Yea
Williams — Yea
Williamson — Yea
Alexander — Nay
Brown — Nay
Bush — Not Voting
Diamond — Nay
Drake — Yea
Duran — Yea
Fine — Yea
Geller — Nay
Ingoglia — Yea
Latvala — Yea
Omphroy — Yea
Driskell, Fentrice Democrat Nay
Burton, Colleen Republican Yea
Grall, Erin Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Not Voting
McClure, Lawrence Republican Not Voting
Perez, Daniel Republican Not Voting
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 6000
Democrat 1000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Aloupis — Not Voting
Bell — Yea
Bush — Yea
Clemons — Yea
Fine — Yea
Hawkins — Yea
Roach — Yea
Willhite — Yea
Williams — Yea
Bartleman, Robin Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Maney, Patt Republican Yea
McClain, Stan Republican Yea
Smith, David Republican Yea
Truenow, Keith L. Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 5101 do?
Education; Revises provisions relating to charter schools & virtual charter schools, certain scholarship programs, virtual instruction programs & FEFP.
Who sponsors HB 5101?
HB 5101 is sponsored by Appropriations Committee, PreK-12 Appropriations Subcommittee, and Fine.
What is the current status of HB 5101?
This bill died with 2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5101?
Track HB 5101 free on One Click Politics — get push/email alerts when it moves.

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