FSBA Session Spotlight — January 24, 2018 – Florida School Boards Association

Today, the Senate Appropriations Subcommittee chairs released their budget proposals for their specific budget areas. The initial proposal submitted by Senate PreK-12 Education Appropriations Subcommittee chair Kathleen Passidomo provides more than $21.1 billion in FEFP funding — an increase of more than $535.2 million or 2.60%. This increase is due, in part, by maintaining the current Required Local Effort (RLE) millage rate — this provides more than $433.9 million of the $535.2 million increase. The bulk of the increase is directed to four new categorical programs: $184 million for Teacher Salary Increase Allocation (in lieu of funding formerly earmarked for Best & Brightest bonuses), $40 million for Mental Health Assistance, $88 million for Hope Supplemental Services (for district managed turnaround plans, franchise schools, charter school operators and Hope School Operators), and $56.8 million for additional Funding Compression (for school districts whose total funds per FTE in the prior year were less than the statewide average). Other key elements of the proposed PreK-12 budget proposal include a $45.20 DECREASE (-1.08%) in the Base Student Allocation and a $109.96 increase (1.50%) in total FEFP funds per student. You may review the Subcommittee’s FEFP Funding Summary HERE. We will provide more details on the House and Senate proposed education budgets shortly. In the meantime, the full Senate education budget proposal (which includes an outline of the Senate’s proposed Implementing and Conforming Bills) and FEFP Summary as well as the House budget proposal and FEFP Summary released yesterday are available in the “2018 Education Budget Materials” folder on our 2018 Legislative Session page.

In other business today, legislators considered several bills of interest today including, most notably, legislation relating to school board member term limits. Please click on the link below for more information on the schedule and bills that were considered today. Tomorrow, legislators will consider several bills of interest including a lengthy House Education Committee Proposed Committee Bill (PCB) that addresses a variety of issues. Please click on the link below for the schedule and bills that will be considered tomorrow.

[toggle title=”Today’s Happenings – January 24, 2018“]

In the Senate PreK-12 Education Appropriations Subcommittee meeting, Subcommittee Chair Kathleen Passidomo reviewed and discussed her Fiscal Year 2018-2019 Budget Proposal (discussed above).

In the Senate Higher Education Appropriations Subcommittee meeting, Subcommittee Chair Bill Galvano reviewed and discussed his Fiscal Year 2018-2019 Budget Proposal.

In the House Public Integrity & Ethics Committee meeting:

HJR 1031 – Limitation of Terms/School Board Members by Fischer – AMENDED AND PASSED WITH A COMMITTEE SUBSTITUTE (CS)
The joint resolution proposes an amendment to the Florida Constitution that, if approved by the voters at the general election in November 2018, prohibits a district school board member from appearing on a ballot for reelection if, by the end of their current term of office, the member will have served, or but for resignation would have served, in that office for eight consecutive years. The proposed limitation would only apply to terms of office that begin after November 6, 2018. This provision is similar to the term limits for elected state and federal officials added to the Florida Constitution in 1992. [NOTE: Today’s amendment removed a provision that counted the time served as a school board member after 2013 toward the eight-year limit. Also note that a joint resolution proposing an amendment to the State Constitution must be passed by three-fifths of the membership of each house of the Legislature. This was the second of three committees of reference for this proposal. The Senate companion bill — SJR 194 – is similar but has not been heard in any of three committees of reference.]

In the House Criminal Justice Subcommittee meeting:

HB 621 – School Safety by Rommel — PASSED
The bill:

Provides an exception to the prohibition against a licensee carrying a concealed firearm or weapon in certain locations, including schools and colleges, by authorizing school principals and district school superintendents to designate certain persons to carry a concealed weapon or firearm on school property. A designee must submit proof that he or she has completed a minimum of 40 hours of a school safety program and annually complete 8 hours of active shooter training and 4 hours of firearm proficiency training. Persons eligible to be a designee are defined as:
- Current and veteran members of the United States Armed Forces who have not been found to have committed a firearms-related disciplinary infraction during his or her military service;
- A current or former law enforcement officer who has not been found to have committed a firearms-related disciplinary infraction during his or her law enforcement service; or
- Persons in possession of a valid license to carry a concealed weapon or firearm.
Allows a school to create a school safety program for employees and volunteers. Volunteers will be required to provide proof of certain training and undergo a level 2 background screening before becoming a designee to carry a concealed weapon or firearm on school property. To maintain designee status, volunteers will need to be re-screened every 5 years and complete any additional screening deemed appropriate by the school principal or district school superintendent.
Requires each school to establish model emergency management and preparedness procedures for active shooter situations and participate in active shooter training conducted by the law enforcement agency or agencies designated as first responders for the school. The bill requires schools to allow the law enforcement agency or agencies designated as first responders to tour the campus every 3 years and document recommended changes related to school safety and emergency issues.

[NOTE: This was the first of three committees of reference for this bill. The Senate companion bill — SB 1236 – is identical but has not been heard in any of three committees of reference.]

HB 1201 – Education For Prisoners by Ahern — PASSED
The bill allows postsecondary workforce program funds to be used for the education of state inmates who have two years or less remaining on their sentences. It also authorizes the Department of Corrections (DOC) to contract with a district school board, the Florida Virtual School, or a charter school to provide educational, career, or vocational training to inmates through DOC’s Correctional Education Program. In addition, the bill provides that each county may contract with a district school board, the Florida Virtual School, or a charter school to provide certain education services for inmates in county detention facilities. [NOTE: This was the first of three committees of reference for this bill. The Senate companion bill — SB 1318 – is similar but has not been heard in any of three committees of reference.]

HB 1391 – Sexual Offenses Against Students by Rodrigues — PASSED
The bill makes it a second-degree felony for an authority figure to solicit or engage in sexual conduct, a relationship of a romantic nature, or lewd conduct with a student enrolled at a school. The bill defines:

“Authority figure” as a person 18 years of age or older who is employed by, volunteering at, or under contract with a school, including school resource officers.
“School” as a private school, a voluntary prekindergarten education program, early learning program, a public school, the Florida School for the Deaf and the Blind, and the Florida Virtual School. Facilities dedicated exclusively to adult education are not included.

The bill further enhances student safety and increases accountability for school officials and employees by:

Providing that a conviction offenses against students disqualifies a person from educator certification or employment in a position with a public school or certain private schools that involves direct contact with students;
Providing that, for purposes of disciplining an educator’s certificate, gross immorality or an act involving moral turpitude includes having a romantic relationship with or soliciting or engaging in sexual contact with a student or minor;
Providing that an employee’s resignation or termination of employment does not affect a school district’s responsibility to report legally sufficient complaints of misconduct to the Florida Department of Education within 30 days;
Requiring district school board policies to include mandatory reporting of alleged misconduct that involves gross immorality or moral turpitude and to require district school superintendents to report to law enforcement misconduct by school district personnel that would result in disqualification from certification or employment;
Forfeiting a district school board member’s salary for 1 year if he or she knowingly fails to adopt policies requiring the superintendent to report disqualifying misconduct to law enforcement;
Forfeiting a district school superintendent’s salary for 1 year if he or she knowingly fails to report disqualifying misconduct to law enforcement; and
Requiring a district school superintendent to notify in writing the parent of a student whose health, safety, or welfare is affected by a legally sufficient complaint of misconduct and requiring the notification to include certain information.

[NOTE: This was the first of three committees of reference for this bill. There is no Senate companion bill.]

In the House Health Quality Subcommittee meeting:

HB 1045 – Immunization Registry by Pigman – AMENDED AND PASSED WITH A CS
The bill:

Requires physicians, physician assistants, and nurses who administer vaccines to children aged 18 or younger or to students at a Florida college or university health care facility to report the vaccination to the immunization registry.
Authorizes automated data uploads to the immunization registry from existing electronic health record systems.
Repeals the ability of a parent or guardian of a child to opt to exclude his or her child from participating in the immunization registry.
Eliminates examples of the types of rules that DOH may promulgate related to the prevention and control of communicable diseases and the immunization registry, but retains DOH’s authority to adopt rules as needed to administer the programs.
Requires that, effective July 1, 2021, school districts and private schools have a policy that requires each student to have a certification of immunizations on file with the state’s immunization registry.

[NOTE: Today’s amendment was generally technical and clarifying in nature. This was the first of three committees of reference for this bill. The Senate companion bill — SB 1680 – is similar and has passed one of three committees of reference.]

In the House Local, Federal & Veterans Affairs Subcommittee meeting:

HB 1013 – Daylight Saving Time by Nunez — PASSED
The bill declares this Legislature’s intent to observe Daylight Saving Time year-round throughout the entire state if federal law is amended to allow the state to do so. [NOTE: This was the first of two committees of reference for this bill. The Senate companion bill — SB 858 – is similar and has passed one of three committees of reference.]

HB 1019 – Financial Reporting by La Rosa – AMENDED AND PASSED WITH A CS
The bill requires counties, municipalities, special districts, water management districts, and school districts to:

Post annual budgets to the website for 5 years;
Provide an electronic copy of their budgets to EDR on specified forms;
Provide a copy of their budget and a certification of timely filing to the clerk of the court;
File annual financial reports and audit reports within six months of the end of the fiscal year.

In addition, the bill:

Provides that the recipient of these reports may extend reporting deadlines by up to 90 days in the event the Governor declares a state of emergency.
Provides that if a local government entity or school district fails to file required reports with the clerk of the court, the clerk shall notify the appropriate fiscal officer to withhold salary payments from the head of the local government entity or the superintendent of the school district until the reports are filed.
Requires all municipalities and special districts to conduct an annual audit.
Requires the Legislative Auditing Committee to conduct a hearing upon receiving notification from the Auditor General, the Department of Financial Services, or the Division of Bond Finance of the State Board of Administration that a local government entity has failed to file required reports.

[NOTE: Today’s amendment was generally technical and clarifying in nature. This was the first of three committees of reference for this bill. There is no direct Senate companion bill.]

In the Senate Appropriations Committee meeting:

SB 540 – Postsecondary Education by Hukill –AMENDED AND PASSED WITH A CS

The bill creates the “Community College Competitiveness Act of 2018” which restructures the governance of the Florida College System and modifies the mission of the system and its institutions. Specifically, the bill:
Modifies the governance of the Florida Community College System (FCCS) by:
- Renaming the Florida College System as the FCCS; and
- Establishing a State Board of Community Colleges (SBCC), and aligning specified responsibilities of the State Board of Education and the SBCC.
Clarifies expectations and oversight of baccalaureate degree programs offered by community colleges, and:
- Modifies the baccalaureate approval process for all community colleges.
- Establishes a 20 percent cap on upper-level, undergraduate full-time equivalent (FTE) enrollment at each community college, and a 10 percent cap on upper-level, undergraduate FTE enrollment for the FCCS, and specifies conditions for planned and purposeful growth of baccalaureate degree programs.
Establishes the “2+2” targeted pathway program to provide students guaranteed access to baccalaureate degree programs at state universities.
Establishes the Supporting Students for Academic Success program to fund the efforts of community colleges in assisting students enrolled in an associate in arts (AA) degree program to complete college-credit courses, graduate with an AA degree, and transfer to a baccalaureate degree program.
Modifies the community college performance accountability metrics and standards to promote on-time student graduation.
Enhances transparency and accountability of community college direct-support organizations.

[NOTE: Today’s amendment reinserts references to the State Board of Education and the Commissioner of Education that had been inadvertently deleted in the original bill. This was the third of three committees of reference for this bill. The House companion bill – HB 831 – is similar but has not been heard in any of three committees of reference.]

In the House Session:

HJR 7001 – Supermajority Vote for State Taxes or Fees by Ways & Means – READ 2^ND TIME; PLACED ON 3^RD READING FOR 1/25/18
The joint resolution proposes an amendment to the state Constitution that would provide that no state tax or fee may be imposed, authorized, or raised by the legislature, or authorized by the legislature to be raised except through legislation approved by two-thirds of the membership of each house of the legislature. The joint resolution requires that any proposed state tax or fee imposition, authorization or increase must be contained in a separate bill that contains no other subject. In addition, the joint resolution also specifies that the proposed amendment does not authorize the imposition of any state tax or fee otherwise prohibited by the state Constitution, and does not apply to any tax or fee imposed by, or authorized to be imposed by, a county, municipality, school board, or special district. [NOTE: There is not direct Senate companion bill.]

HB 273 – Public Records by Rodrigues – READ 2^ND TIME; PLACED ON 3^RD READING FOR 1/25/18
The bill prohibits an agency that receives a public record request to inspect or copy a record from responding to such request by filing a civil action against the individual or entity making the request. [NOTE: The Senate companion bill – SB 750 – is identical and has passed one of three committees of reference.]

HB 25 – Labor Organizations by Plakon – READ 2^ND TIME; PLACED ON 3^RD READING FOR 1/25/18
The bill requires an employee organization to include the following information in its annual financial report for each certified bargaining unit that the organization represents:

The number of employees in the bargaining unit who are eligible for representation by the employee organization; and
The number of employees who are represented by the organization, specifying the number of members who pay dues and the number of members who do not pay dues.

If a registered employee organization does not submit this information for a certified bargaining unit it represents, the organization’s certification for that unit is revoked. This provision does not apply to an employee organization that represents, or seeks to represent, employees who are law enforcement officers, correctional officers, or firefighters.

The bill also requires an employee organization that has been certified as the bargaining agent for a unit whose dues-paying membership is less than 50 percent of the employees eligible for representation in that unit to petition the commission for recertification as the exclusive representative of all employees in the unit within one month after the date on which the organization applies for registration renewal. The petition must be accompanied by dated statements signed by at least 30 percent of the employees in the unit, indicating that such employees desire to be represented by the employee organization. If the commission determines the petition to be sufficient, it must order an election to determine whether the employee organization will be certified. The certification of an employee organization that does not comply with this recertification requirement is revoked. This requirement does not apply to an employee organization that represents, or seeks to represent, employees who are law enforcement officers, correctional officers, or firefighters. [NOTE: The Senate companion bill – SB 1036 – is similar but has not been heard in any of three committees of reference.]

In the Senate Session:

SB 192 – Public Meetings by Baxley – READ 2^ND TIME; PLACED ON 3^RD READING FOR 1/31/18
The bill provides from jurisprudence definitions for the terms: “de facto meeting,” “discussion,” “meeting,” “official act,” and “public business.” The bill also provides guidelines for boards to conduct permissible fact-finding exercises or excursions. In addition, the bill provides in statute that notice is not required when two or more members of a board are gathered if no official acts are taken and no public business is discussed. [NOTE: The House companion bill – HB 79 – is similar and has passed one of three committees of reference.]

SB 186 – Resign-to-run Law by Hutson – READ 2^ND TIME; AMENDED; PLACED ON 3^RD READING FOR 1/31/18
The bill requires a state or local officer who seeks a federal public office to submit his or her resignation at least 10 days before the first day of qualifying for the federal office if the terms of the two offices overlap. A state officer’s qualifying for a federal office while not submitting this resignation constitutes an automatic, immediately-effective resignation from his or her office. A similar “resign-to-run” law already applies to state or local officers who seek another state, district, county, or municipal public office. [NOTE: Today’s amendment was a technical and clarifying amendment. The House companion bill – HB 105 – is similar and has been placed on the House Calendar on 2^nd Reading.]

SB 118 – Visitation of Schools by State Legislators by Hukill – READ 2^ND TIME; PLACED ON 3^RD READING FOR 1/31/18
The bill authorizes an individual member of the State Legislature to visit any district school, including any charter school, in his or her legislative district, on any day and at any time at his or her pleasure, which is consistent with the authority extended in law to an individual member of a district school board and individual charter school governing board member to visit applicable schools. The bill also clarifies that the district school superintendent’s designee or the school principal’s designee, in addition to the specified district employees in current law, may not limit the duration or scope of the visit or direct the visiting individual to leave the school premises. [NOTE: The House companion bill – HB 975 – is identical but has not been heard in either of two committees of reference.]

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[toggle title=”Coming up Tomorrow – January 25, 2018“]

Please note that the meeting listed below may be viewed via live webcast on the Florida Channel. For real-time updates, please click HERE to access our Twitter feed.

The House Education Committee will meet, 10:00 am – 12:00 pm, to consider the following:

HB 63 – Students with Disabilities in Public Schools by Edwards
The bill amends the use of restraint on students with disabilities. Specifically, the bill:

Defines terms related to seclusion and restraint.
Provides that physical restraint may be used only to protect students, school personnel or others, but not for disciplining a student. Restraints should be used only when all other strategies and techniques have been exhausted. A student may only be physically restrained for the time necessary for protection.
Prohibits specified physical restraint techniques.
Requires school districts to develop policies and procedures to ensure the physical safety and security of all students and school personnel; and requires that students be treated with dignity and respect.
Outlines under what circumstances restraint may not be used.
Describes the circumstance when time-outs may be used and prohibits certain areas.
Prohibits student from being placed in seclusion.
Requires the school to review a student’s functional behavioral assessment and individualized behavior intervention plan when a student is placed in time-out, physically restrained or secluded more than twice in a semester.
Includes emotional and behavioral disabilities in the list of disabilities for which certain school personnel must be trained to identify for early intervention.
Adds to staff training effective classroom behavior management strategies such as differential reinforcement, precision commands, minimizing attention or access to other reinforcers, and time-out methods.
Directs DOE to publish data and analysis relating to incidents of seclusion and restraint on its website.

HB 1175 – Early Learning Coalitions by Sullivan
The bill authorizes the Early Learning Coalition (ELC) to refuse to contract with, or revoke the eligibility of, a school readiness program provider if the provider has been cited for a Class I violation. Class I violations are the most serious in nature, pose an imminent threat to a child including abuse or neglect and which could or does result in death or serious harm to the health, safety or well-being of a child.

EDC1 – Education by Education
The bill expands school choice options for parents and strengthens accountability by:

Establishing the Reading Education Scholarship Account to provide students who scored Level I or II on 3rd grade English Language Arts (ELA) assessment with a scholarship toward services such as tutoring, summer school, and curriculum
Streamlines monitoring and oversight provisions for scholarship programs and adds new accountability measures regarding site visits, parental notifications, and fiscal mismanagement
Expands allowable uses of the Gardiner scholarship to include tutoring by a person with a baccalaureate degree in the subject matter area

The bill revises provisions related to curriculum and assessments by:

Requiring the Florida Department of Education (DOE) to disseminate templates to assist schools in developing ELA and math curricula
Requiring paper-based assessments for grades 7-8 in ELA and Math
Incorporating Social Studies content into reading and writing prompts on state assessments
Requiring released assessment items to be in an electronic format that facilitates sharing of assessment items
Requiring school districts to provide Florida Virtual School (FLVS) students with access to district testing facilities for national assessments and industry certification exams.

The bill revises certain provisions related to charter schools to:

Allow charter schools to provide school administrator and principal preparation programs that lead to certification upon approval by DOE
Allow charter schools to delay opening from 2 years to 3 years
Require school districts to provide charter schools with access to surplus property on the same basis as public schools
Require school districts to provide background screening results within 14 days for charter school employees or waive the fees for screening
Revise eligibility for high performing schools to two consecutive “A” grades and allow high performing schools to replicate two schools
Clarifies provisions relating to charter school terminations

The bill also:

Expands the Principal Autonomy Pilot Program Initiative to a statewide program and allows trained principals to manage multiple district schools that operate under an independent governing board
Expands a superintendent’s duties to recommend specific schools to operate under a governing board
Revises requirements related to home education and private school articulation agreements

The Senate Judiciary Committee will meet, 10:00 am – 12:00 pm, to consider the following item and others:

SB 1048 – Firearms by Baxley
The bill addresses a disparate application of firearms laws amongst religious congregations, enabling congregations that have schools on their property to authorize one or more licensees to carry a firearm on the congregation’s property. Additionally, the bill enables a congregation that leases or rents meeting space where the possession of a firearm is normally prohibited to authorize any of its worshipers who has a concealed weapon license to carry a firearm to the congregation’s meetings.

The Senate Rules Committee will meet, 1:30 – 3:30 pm, to consider the following items and others:

SB 560 – Public Meetings and Records/Imminent Litigation by Steube
The bill expands a public meeting exemption that presently allows certain individuals of a governmental entity to discuss litigation pending before a court or administrative agency. More specifically, the current exemption authorizes board and commission members and the chief administrative or executive officer of the entity to conduct a private meeting about pending litigation with the attorney of the entity. The bill broadens the exemption to additionally authorize a private meeting for the purpose of discussing imminent litigation. Litigation is imminent when the entity has received notice of a claim or demand by a party threatening litigation before a court or administrative agency. The bill subjects the parties involved in discussions of imminent litigation to the same standards that apply to private discussions of pending litigation. Therefore:

The attorney must advise the entity at a public meeting that he or she is seeking advice about the litigation.
The subject matter at the private meeting is limited to settlement negotiations or strategy sessions related to legal expenses.
The entire session must be recorded by a certified court reporter.
The entity must provide reasonable public notice of the time and date of the attorney-client session, and other information related to the process.

If the imminent litigation does not proceed, the transcript of the private meeting must be made part of the public record the earlier of within a reasonable time or when the underlying statute of limitations expires.

SB 608 – Public Records/Identity Theft & Fraud Protection Act by Passidomo
The bill creates the Identity Theft and Fraud Protection Act and requires an agency to review information to determine if it is susceptible to use for purposes of identity theft or fraud before making postings to a publicly available website. The bill requires the Division of Library and Information Services of the Department of State to adopt rules establishing uniform standards for agencies in determining the types of information which qualify as information that is susceptible to use for purposes of identity theft or fraud. The bill also requires an agency to establish a policy that allows a person to request removal of an image or a copy of a public record containing information susceptible to use for purposes of identity theft or fraud which is posted on an agency’s publicly available website. Information that an agency may not post on a publicly available website, however, may be posted on a limited access area of the agency’s website which is not available to the general public.

The House will be in Session, 1:30 pm – completion of business, to consider the following items and others on 3^rd Reading:

HJR 7001 – Supermajority Vote for State Taxes or Fees by Ways & Means
The joint resolution proposes an amendment to the state Constitution that would provide that no state tax or fee may be imposed, authorized, or raised by the legislature, or authorized by the legislature to be raised except through legislation approved by two-thirds of the membership of each house of the legislature. The joint resolution requires that any proposed state tax or fee imposition, authorization or increase must be contained in a separate bill that contains no other subject. In addition, the joint resolution also specifies that the proposed amendment does not authorize the imposition of any state tax or fee otherwise prohibited by the state Constitution, and does not apply to any tax or fee imposed by, or authorized to be imposed by, a county, municipality, school board, or special district. [NOTE: There is no direct Senate companion bill.]

HB 273 – Public Records by Rodrigues
The bill prohibits an agency that receives a public record request to inspect or copy a record from responding to such request by filing a civil action against the individual or entity making the request. [NOTE: The Senate companion bill – SB 750 – is identical and has passed one of three committees of reference.]

HB 25 – Labor Organizations by Plakon
The bill requires an employee organization to include the following information in its annual financial report for each certified bargaining unit that the organization represents:

The number of employees in the bargaining unit who are eligible for representation by the employee organization; and
The number of employees who are represented by the organization, specifying the number of members who pay dues and the number of members who do not pay dues.

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FSBA Session Spotlight — January 24, 2018

Author: fsbawp

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