Today, legislators settled the final budget issues and published the 2018-2019 General Appropriations Act (Budget) and related bills and information. To allow for the constitutionally required 72-hour “cooling off” period before voting on the budget, legislators will extend the Session through Sunday, March 11. We are in the process of compiling our annual FSBA Legislative Session Summary that provides a comprehensive analysis of the education related portions of the budget (as well as detailed summaries of the education related bills that are passed during the Session) and will be providing more details on the budget in the coming days. In the meantime, here is a quick snapshot of some of the key funding provisions:
- Total Florida Education Finance Program (FEFP) funding is more than $21 billion, an increase of nearly $485 million or 2.35%
- Total FEFP funding per student is $7,408.13, in Increase of $101.50 or 1.5%
- Total Required Local Effort (RLE) is $7.7 billion, an increase of $107 million. The RLE millage rate partially rolled back – from 4.308 mills to 4.091 mills – so the $107 million increase in RLE
- revenue reflects only those increases in property values attributable to new construction and related improvements
- Base Student Allocation (BSA) is $4,204.42, an increase of only 47¢
- A total of nearly $162 million is allocated for Safe Schools with $64.5 million allocated in FEFP and $97,500,000 allocated in SB 7026 with a minimum district allocation of $250,000
- More than $69 million for Mental Health Assistance is allocated in SB 7026 with minimum district allocation of $100,000 and balance allocated based on enrollment
- New FEFP Funding Compression Allocation of $56,783,293 to assist school districts that receive less than the statewide average in total FEFP funds per unweighted FTE
- Digital Classrooms allocation reduced to $70,000,000, a decrease of $10,000,000, to reflect a new policy for the minimum district allocation that provides the lesser of $500,000 or $300 per FTE
- $145,286,200 in state PECO funding for charter schools (an increase of $95,000,000) and $50,000,000 for traditional public schools (same amount as the current year)
- Funding for Best & Brightest Teacher and Principal scholarships funded at 233,950,000 (same amount as the current year)
Please note that we have posted the 2018-2019 General Appropriations Act, Implementing Bill, and full FEFP Funding Summary (that provides district-by-district allocations) in our “2018 Education Budget Materials” file on our 2018 Legislative Session page — Click HERE to access these documents.
In floor sessions today, legislators amended and/or passed several bills of interest, including bills relating to computer science instruction, teacher certification, and early learning. Tomorrow, legislators will complete work on bills that are currently in play, but have indicated that this will be the last day for consideration of any bills other than the budget and related bills that will be considered on Saturday on 2nd Reading and on Sunday on 3rd Reading. Please click on the links below for our report on the bills that were considered today and for a preview of the bills that will be considered tomorrow.
[toggle title=”Today’s Happenings – March 8, 2018“]
In the House Session there are no bills of special interest to school boards on the agenda or received in Messages from the Senate.
In the Senate Session:
Bills on 3rd Reading:
HB 7045 – Date for Convening the 2020 Legislative Session by Rules & Policy – READ 3RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE
The bill requires the 2020 regular session of the Legislature to convene on Tuesday, January 14, 2020.
HB 495 – Education by Diaz – READ 3RD TIME; AMENDED; PASSED THE SENATE; IN RETURNING MESSAGES TO THE HOUSE
The bill addresses computer science courses, retirement options, personnel, and assessments. Specifically, the bill:
- Expands access to computer science courses by:
- Requiring middle schools and high schools to offer computer science courses.
- Requiring computer science courses that meet the specified definition to be identified in the Course Code Directory and on the Department of Education’s (DOE) website.
- Creates opportunities for teachers to be certified and trained to teach computer science courses, and requires the DOE to award funding, subject to legislative appropriation, to a school district or consortium of school districts to deliver or facilitate training for educators to earn a certificate in computer science or specified industry certification, or to pay fees for examinations that lead to a credential.
- Provides, subject to legislative appropriation, the following bonuses to a public school educator evaluated as effective or highly effective, or is newly hired:
- $1,000 after each year teaching a computer science course, for up to three years, if the educator holds an educator certificate in computer science or has passed the computer science subject area examination and holds an adjunct certificate.
- $500 after each year teaching a specified course, for up to three years, if the educator holds an industry certification associated with a computer science course.
The bill revises the Deferred Retirement Option Program (DROP) to provide:
- Effective July 1, 2018, instructional personnel who are authorized to extend DROP participation beyond the 60-month period must have a termination date that is the last day of the last calendar month of the school year within the DROP extension granted by the employer. If, on July 1, 2018, the member’s DROP participation has already been extended for the maximum 36 calendar months and the extension period concludes before the end of the school year, the member’s DROP participation may be extended through the last day of the last calendar month of that school year. The employer must notify the division of the change in termination date and the additional period of DROP participation for the affected instructional personnel.
- Administrative personnel in grades K-12, as defined in s. 1012.01(3), who have a DROP termination date on or after July 1, 2018, may be authorized to extend DROP participation beyond the initial 60 calendar month period if the administrative personnel’s termination date is before the end of the school year. Such administrative personnel may have DROP participation extended until the last day of the last calendar month of the school year in which their original DROP termination date occurred if a date other than the last day of the last calendar month of the school year is designated. The employer must notify the division of the change in termination date and the additional period of DROP participation for the affected administrative personnel.
The bill modifies provisions relating to educator certification requirements, school safety, and misconduct by authority figures against students to:
- Expand the applicability of certain employment disqualification criteria to include all positions that require direct contact with students.
- Grant the Department of Education (DOE) and the Education Practices Commission additional authority to enforce the educator certification requirements and impose penalties against persons who do not comply with certification requirements.
- Require an educator who has been placed on probation to immediately notify the investigative office in the DOE upon separation from employment in any public or private position requiring a Florida educator’s certificate.
- Deem offenses against students by authority figures as a second-degree felony.
- Add a school bus to the definition of “school,” to apply to the provisions in law regarding trespass on school grounds or facilities.
- Revise standards of ethical conduct for instructional personnel and school administrators to require training to cover misconduct that involves specified conduct that would result in disqualification from educator certification or employment.
- Require a school district to:
- File in writing with the DOE all legally sufficient complaints against teachers and administrators, regardless of whether the subject of the complaint is still a district employee.
- Immediately notify the DOE if the subject of a legally sufficient complaint of misconduct affecting the health, safety, or welfare of a student resigns or is terminated before the conclusion of the district investigation.
- Require a district school superintendent to:
- Report misconduct by instructional personnel or school administrators that would result in a disqualification from educator certification or employment to the law enforcement agencies with jurisdiction over the conduct. Provides that a superintendent who knowingly fails to report misconduct to law enforcement agencies must forfeit his or her salary for one year after the date of such failure to act.
- Notify the parent of a student who was subjected to or affected by specified misconduct within a specified timeframe.
- Require the resignation or termination of an employee before the conclusion of an alleged misconduct investigation affecting the health, safety, or welfare of a student to be clearly indicated in the employee’s personnel file.
In addition, the bill revises provisions relating to the statewide, standardized assessment program to provide that a student enrolled in an Advanced Placement (AP), International Baccalaureate (IB), or Advanced International Certificate of Education (AICE) course who takes the respective AP, IB, or AICE assessment and earns the minimum score necessary to earn college credit meets the requirements of the statewide, standardized assessment program and does not have to take the EOC assessment for the course.
[NOTE: Today’s amendment removed a provision that would have decreased – from 30% to 10% — the weight that a student’s performance on end-of-course exams would have on the student’s final course grade. Because this bill was amended on 2nd and 3rd Reading in the Senate, the bill will be returned to the House for consideration.]
HB 63 – Students with Disabilities in Public Schools by Edwards – READ 3RD TIME; PASSED THE SENATE; IN RETURNING MESSAGES TO THE HOUSE
The bill revises the use of restraint techniques on certain students with disabilities, prohibits placing such students in seclusion, and specifies responsibilities for school districts, schools, and the Commissioner of Education (commissioner). Specifically, the bill:
- Defines student to mean a student with a disability.
- Defines exclusionary and nonexclusionary time; establishes conditions under which a student may be placed in exclusionary or nonexclusionary time; and specifies related documentation, reporting and monitoring of such incidents.
- Prohibits the use of specified physical restraint techniques by school personnel on students.
- Requires each school district to:
- Develop policies and procedures regarding physical safety and security of all students and school personnel.
- o Report procedures for training related to restraint and the bill specifies the components of such training.
- o Publicly post its policies on all emergency procedures, including the district’s policies on the use of restraint and seclusion.
- Requires a school to conduct a review of incidents of restraint, and related interventions and school personnel training.
- Requires redacted copies of documentation related to the use of restraint and exclusionary and nonexclusionary time to be updated monthly and made available to the public through the Department of Education’s website by October 1, 2018.
- Requires the commissioner to develop recommendations to incorporate instruction regarding emotional or behavioral disabilities into continuing education and inservice training requirements for instructional personnel.
[NOTE: Because this bill was amended on 2nd Reading in the Senate, the bill will be returned to the House for consideration.]
HB 1091 – Early Learning by Grall – READ 3RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE
The bill modifies provisions relating to the school readiness program. Specifically, the bill:
- Requires the Office of Early Learning (OEL) to:
- Adopt a program assessment that measures the quality of teacher-child interactions including classroom organization and specified supports.
- Provide a differential payment of up to 10 percent for each care level and unit of child care for a child care provider that meets specified requirements.
- Revise the statewide provider contract to include contracted slots, quality improvement strategies, and program assessment requirements.
- Modify the annual report to include specified data regarding school readiness program provider compliance with requirements relating to the program assessment.
- Revises Early Learning Coalitions (ELC) plans to add information regarding:
- An assessment of local priorities based on the needs of families and provider capacity using available community data.
- Local eligibility priorities for children, the use of contracted slots in the ELC’s procedures for program implementation, a payment rate schedule, and a description of quality improvement strategies in the ELC’s quality activities and services.
- Modifies school readiness program eligibility, provider standards, and funding to:
- Revise the child eligibility priorities for participation in the school readiness program based on the ELC’s local priorities; and also revise the definition of “at-risk” children for eligibility purposes
- Revise provider eligibility requirements to specify that the providers must participate in a program assessment that measures the quality of teacher-child interactions.
- Authorize the award of grants and financial supports to providers and instructors to also meet program assessment requirements.
- Appropriates $6 million for the 2018-2019 fiscal year from the Child Care and Development Block Grant Trust Fund to the OEL to implement the program assessment for school readiness program providers.
Bills on 2nd Reading:
SB 310 – Threats to Kill or do Bodily Injury by Steube – READ 2ND TIME; SUBSTITUTED FOR HB 165; SB 310 LAID ON THE TABLE
HB 165 – Threats to Kill or Do Bodily Injury by McClain – SUBSTITUTED FOR SB 310; READ 2ND TIME; AMENDED; PLACED ON 3RD READING FOR 3/9/18
The bill:
- Prohibits a person from making a threat to kill or do great bodily injury in writing or other record, including an electronic record, and posting or transmitting the threat in a manner that would allow another person to view it.
- Decreases the offense from a second degree felony to a third degree felony and changes the offense from a Level 6 to a Level 4 in the Criminal Punishment Code Offense Severity Ranking Chart, which decreases the offense’s sentencing points from 36 points to 22 points.
- Exempts providers of an interactive computer service, communications service, commercial mobile service, or information service from liability.
[NOTE: Today’s amendment reinserts the original text of SB 310 on HB 165.]
SB 856 – High School Graduation Requirements by Montford – READ 2ND TIME; SUBSTITUTED FOR HB 577; SB 856 LAID ON THE TABLE
HB 577 – High School Graduation Requirements by Silvers – SUBSTITUTED FOR SB 856; READ 2ND TIME; PLACED ON 3RD READING FOR 3/9/18
The bill authorizes students to use apprenticeship or preapprenticeship program credit to meet specified credit requirements for high school graduation. Specifically, the bill:
- Authorizes a student who earns credit upon completion of an apprenticeship or preapprenticeship program registered with the Department of Education to use such credit to meet the credit requirements for:
- Fine or performing arts, speech and debate, or practical arts; or
- Electives.
- Requires the State Board of Education to approve and identify in the Course Code Directory the apprenticeship and preapprenticeship programs from which a student may use earned credit to meet the specified credit requirements for high school graduation.
SB 732 – K-12 Education by Baxley – READ 2ND TIME; SUBSTITUTED FOR HB 731; SB 732 LAID ON THE TABLE
HB 731 – Home Education by Sullivan – SUBSTITUTED FOR SB 732; READ 2ND TIME; AMENDED; PLACED ON 3RD READING FOR 3/9/18
The bill modifies requirements related to home education programs, school attendance, and updates terminology relating to assessments. Specifically, the bill::
- Clarifies the definition of “parent,” the home education registration process and the home education notice requirements;
- Authorizes school districts to provide a home education student access to career and technical courses and programs;
- Authorizes districts to offer industry certifications, national assessments and statewide, standardized assessments to home education students;
- Prohibits school superintendents from requiring evidence of a child’s age if the child meets regular attendance requirements by attending certain educational institutions or programs;
- Authorizes school superintendents to refer student non-enrollment cases to a child study team in order to conduct intervention services;
- Clarifies the court procedures and penalties for enforcement of compulsory school attendance;
- Updates the name of the preliminary ACT to the PreACT and adds the ACT and the PreACT to specified assessments included in databases containing assessment data, to which the Department of Education must provide access for evaluation purposes.
[NOTE: Today’s amendments removed provisions relating dual enrollment, instructional materials, and made a technical correction.]
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[toggle title=”Coming up Tomorrow – March 9, 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 will be in Session, 10:30 am – completion of business but, as of this writing, there are no bills of special interest to school boards on the agenda. However, please keep in mind that the chambers may depart from their agenda to take up bills that arrive from the other chamber in Messages.
The Senate will be in Session, 1:00 pm – completion of business, to consider the following items and others:
Bills on 3rd Reading:
HB 165 – Threats to Kill or Do Bodily Injury by McClain
The bill:
- Prohibits a person from making a threat to kill or do great bodily injury in writing or other record, including an electronic record, and posting or transmitting the threat in a manner that would allow another person to view it.
- Decreases the offense from a second degree felony to a third degree felony and changes the offense from a Level 6 to a Level 4 in the Criminal Punishment Code Offense Severity Ranking Chart, which decreases the offense’s sentencing points from 36 points to 22 points.
- Exempts providers of an interactive computer service, communications service, commercial mobile service, or information service from liability.
[NOTE: The bill was amended on 2nd Reading so will need to return to the House for consideration.]
HB 577 – High School Graduation Requirements by Silvers
The bill authorizes students to use apprenticeship or preapprenticeship program credit to meet specified credit requirements for high school graduation. Specifically, the bill:
- Authorizes a student who earns credit upon completion of an apprenticeship or preapprenticeship program registered with the Department of Education to use such credit to meet the credit requirements for:
- Fine or performing arts, speech and debate, or practical arts; or
- Electives.
- Requires the State Board of Education to approve and identify in the Course Code Directory the apprenticeship and preapprenticeship programs from which a student may use earned credit to meet the specified credit requirements for high school graduation.
HB 731 – Home Education by Sullivan
The bill modifies requirements related to home education programs, school attendance, and the Florida Partnership for Minority and Underrepresented Student Achievement. Specifically, the bill::
- Clarifies the definition of “parent,” the home education registration process and the home education notice requirements;
- Authorizes school districts to provide a home education student access to career and technical courses and programs;
- Authorizes districts to offer industry certifications, national assessments and statewide, standardized assessments to home education students;
- Prohibits school superintendents from requiring evidence of a child’s age if the child meets regular attendance requirements by attending certain educational institutions or programs;
- Authorizes school superintendents to refer student non-enrollment cases to a child study team in order to conduct intervention services;
- Clarifies the court procedures and penalties for enforcement of compulsory school attendance;
- Updates the name of the preliminary ACT to the PreACT and adds the ACT and the PreACT to specified assessments included in databases containing assessment data, to which the Department of Education must provide access for evaluation purposes.
[NOTE: The bill was amended on 2nd Reading so will need to return to the House for consideration.]
Bills on 2nd Reading:
SB 1548 – K-12 Student Safety by Book
The bill modifies provisions relating to educator certification requirements and district school board duties relating to school safety and prohibits misconduct by authority figures against students. Specifically, the bill:
- Expands the applicability of certain employment disqualification criteria to include all positions that require direct contact with students.
- Grants the Department of Education (DOE) and the Education Practices Commission additional authority to enforce the educator certification requirements and impose penalties against persons who do not comply with certification requirements.
- Requires an educator who has been placed on probation to immediately notify the investigative office in the DOE upon separation from employment in any public or private position requiring a Florida educator’s certificate.
- Deems offenses against students by authority figures as a second-degree felony.
- Adds a school bus to the definition of “school,” to apply to the provisions in law regarding trespass on school grounds or facilities.
- Revises standards of ethical conduct for instructional personnel and school administrators to require training to cover misconduct that involves specified conduct that would result in disqualification from educator certification or employment.
- Requires a school district to:
- File in writing with the DOE all legally sufficient complaints against teachers and administrators, regardless of whether the subject of the complaint is still a district employee.
- Immediately notify the DOE if the subject of a legally sufficient complaint of misconduct affecting the health, safety, or welfare of a student resigns or is terminated before the conclusion of the district investigation.
- Requires a district school superintendent to:
- Report misconduct by instructional personnel or school administrators that would result in a disqualification from educator certification or employment to the law enforcement agencies with jurisdiction over the conduct. Provides that a superintendent who knowingly fails to report misconduct to law enforcement agencies must forfeit his or her salary for one year after the date of such failure to act.
- Notify the parent of a student who was subjected to or affected by specified misconduct within a specified timeframe.
- Requires the resignation or termination of an employee before the conclusion of an alleged misconduct investigation affecting the health, safety, or welfare of a student to be clearly indicated in the employee’s personnel file.
SB 1532 – Early Learning Coalitions by Stargel
The bill authorizes an early learning coalition to refuse to contract with a school readiness program provider if the provider has been cited for a class I violation. A class I violation is the most serious in nature and poses an imminent threat to a child including abuse or neglect that could result in death or serious harm to the health, safety or well-being of a child.
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