FSBA Session Spotlight — May 1, 2017

If legislators hope to adjourn as scheduled on Friday, the Conference Report on the state budget must be published sometime tomorrow (Tuesday) to allow for the constitutionally required 72-hour “cooling off period” before a vote can be taken on the passage of the budget bill. There are several major budget issues that appear to be unresolved and have been bumped up to Senate President Negron and House Speaker Corcoran to negotiate.  However, since there have been no public negotiations since Sunday, it’s difficult to know where things stand.

As a recap of what has happened with regard to education funding, as we reported last week, the Senate accepted the House position on the FEFP. This agreement includes a rollback of the Required Local Effort millage rate to 4.322 mills (down from 4.638 mills) and a reduction on the Base Student Allocation of more than $27. As a result, total FEFP funding is set at $20,428,201,731 (an increase over the current year of $241,431,317 or 1.20%) and total funds per FTE of $7,220.72 (an increase of $24.49 or 0.34%). As yet, there are no district-by-district FEFP funding summaries, but a statewide summary is available HERE (see page 16). It is important to note that, although $414 million has been earmarked to fund programs for school improvement efforts (HB 5105 and SB 1552) and for teacher and administrator bonuses (HB 7069 and SB 1552), no decisions have been made as yet on the policies that will accompany this funding. Differences between the differing versions of these bills are still being worked out and may not be resolved until later this week — this should not delay publication of the budget since the funding is already earmarked in the budget. Many other non-FEFP appropriations were settled during the weekend, but some still remain.

With regard to capital outlay funding, during the weekend the Senate made an Offer for distribution of state PECO funding that provides $69 million each to charter schools and traditional public schools for school maintenance, repair, and renovation and provides $50.8 million to the Special Facilities Construction Account for 5 small school districts. However, this Offer was not formally accepted by the House so the issue remains in play.  Meanwhile, there has been no further discussion as yet to resolve differences between bills (SB 376 and HB 5103) that would require school districts to share local capital outlay millage revenue with charter schools. Again, this is not an issue that would delay publication of the state budget because these are not state funds and are not part of the state budget.

On an important related note, today the Senate Appropriations Committee substantially amended SB 1362 relating to Charter Schools so that it closely resembles HB 7101 (See our Summary of HB 7101 HERE).  Both bills add to and revise several provisions relating to charter schools.  While some of these changes are welcome, others are troubling.  Of particular concern, the bill:

• Requires the distribution of federal Title I funds directly to eligible charter schools in a manner that is likely to disrupt the equitable distribution of these funds and short-circuit existing district-wide or other programs and services;
• Allows a charter school system’s governing board to be designated as a Local Education Agency (LEA) for purposes of receiving federal funds for all schools within a school district that are established under the turnaround option and are under the jurisdiction of the governing board;
• Allows a charter school to be located in certain facilities – such as a library, museum, or theater — without obtaining a special exception, rezoning, a land use charter, or any other form of approval;
• Provides that any term or condition of a proposed charter contract that differs from the standard charter contract adopted by rule of the State Board of Education shall be presumed a limitation on charter school flexibility;
• Deletes the requirement for the DOE to compare the student performance data of each charter school to traditional district-managed public schools within the district and other charter schools across the state and eliminates the requirement to post such information on the Internet website of each charter school.

Senator Montford proposed amendments that would have addressed most of these issues, but each amendment failed. The bill passed the Committee today and this was the last committee of reference for this bill.  Any further efforts to address these, and other, concerns, may be offered when this bill reaches the Senate floor.  In discussions after the meeting today, House staff indicted that they had not heard from school districts about many of these concerns, particularly the concerns about the distribution of Title I funds.  Earlier this evening, you should have received a Legislative Alert asking that you submit any district concerns about this issue to House Education Committee staff members Joanna Hassel (Joanna.Hassell@myfloridahouse.gov) and Jason Fudge (Jason.Fudge@myfloridahouse.gov) and to communicate with your legislators to express any concerns you have about this issue.

The House had no meetings or floor sessions scheduled today but please click below for a report on the outcome for bills considered today in the Senate. Tuesday’s schedule currently reflects only floor sessions in both chambers.  Please keep in mind that bills passed in one chamber may be taken up on the same day in the other chamber so there may be more action on bills than appears on the list of bills on 2^nd and 3^rd Reading below.  In addition, please remember that you may follow committee and floor activities via live webcast on the Florida Channel and, for real-time updates, please click HERE to access our Twitter feed.

[toggle title=”Today’s Happenings – May 1, 2017“]

In the Senate Appropriations Committee meeting:

SB 772 – Assistive Technology Devices by Rouson — PASSED
The bill revises provisions related to the use of assistive technology devices by students with disabilities. Specifically, the bill:

• Recognizes that access to and use of the assistive technology device is essential for a student moving from school to home and community;
• Allows an Individualized Plan for Employment (IPE) to be one of the plans that may serve as the basis for a student to retain an assistive technology device through a transition; and
• Adds the Office of Independent Education and Parental Choice within the Florida Department of Education to the group of educational entities required to enter into interagency agreements with specified agencies, as appropriate, for the transaction of assistive technology devices to ensure that an assistive technology device issued to a student remains with the student through the continuum from home to school and beyond.

[NOTE: This is the last committee of reference for this bill.  The House companion bill – HB 371 – is similar, has passed the House, and is available for consideration in the Senate.]

SB 902 – Gardiner Scholarship Program by Simmons – AMENDED; PASSED WITH A COMMITTEE SUBSTITUTE (CS)
The bill modifies the Gardiner Scholarship Program (GSP) to:

• Expand the definition of disability, for purposes of the GSP, to include a child:
  • Diagnosed with a rare disease or condition, which affects patient populations of fewer than 200,000 individuals in the United States;
  • Diagnosed as Anaphylaxis; or
  • Identified as deaf, visually impaired, hospital or homebound, dual sensory impaired, traumatic brain injured, as defined by rules of the State Board of Education and evidenced by reports from local school districts. The bill describes hospital or homebound to mean a student who has a medically diagnosed physical or psychiatric condition or illness, as defined by the State Board in rule, and who is confined to the home or hospital for more than 6 months.
• Specify that a student’s individual education pan (IEP) is not required to be reviewed or revised within the last 12 months in order for the student to be eligible for the GSP.
• Allow a student with an IEP from another state or physician licensed in another state to qualify for the GSP, if the student meets the other eligibility requirements.
• Authorize the use of GSP funds to procure services provided by a hospital in Florida which is selected by a parent, a certified music therapist, art therapist, or services provided at a center that is a member of the Professional Association of Therapeutic Horsemanship International.
• Specify that a parent, student, or provider of any services may not bill an insurance company, Medicaid, or any other agency for the same services paid through Gardiner Scholarship funds.
• Provide that if a private school is unable to meet the requirements in law or has consecutive years of material exceptions listed in its agreed-upon procedures reports, the Commissioner of the Department of Education (DOE) may determine that the schools is ineligible to participate in the GSP.
• Require a student’s scholarship account to be closed and remaining funds reverted to the state if an account has been inactive for three consecutive fiscal years. The bill defines inactive to mean that eligible expenditures have not been made from a student’s scholarship account.
• Specify that if a parent does not procure the necessary educational services for the student and the student’s account has been inactive for 2 consecutive fiscal years, the student is ineligible for additional scholarship payments until the scholarship-funding organization verifies that expenditures have occurred from the account.

[NOTE: Today’s amendments revise a reporting date and made clarifying and technical changes.  This is the last committee of reference for this bill. The House companion bill – HB 15 – is comparable, has passed the House, and is available for consideration in the Senate.]

SB 1302 – Private School Student Participation in Extracurricular Activities by Gibson – NOT CONSIDERED
The bill requires the Florida High School Athletic Association (FHSAA), in cooperation with each district school board, to allow a student attending a private school that is not a member of the FHSAA to participate in interscholastic or intrascholastic sports at a public school that a student could choose to attend pursuant to controlled open enrollment. [NOTE: This is the third of four committees of reference for this bill.  The House companion bill – HB 1109 – is comparable, has passed the House, and is available for consideration in the Senate.]

SB 1314 – Educational Options by Grimsley – AMENDED; PASSED WITH A CS
The bill revises the Florida Tax Credit (FTC) Scholarship Program to:

• Require the Florida Department of Revenue (DOR) to provide a copy to the Scholarship-Funding Organization (SFO) of its letter denying an application for a tax credit and approving or denying any of the following transactions:
  • An application for a carryforward tax credit.
  • The conveyance, transfer, or assignment of a tax credit.
  • The rescindment of a tax credits.
  • Acknowledgement of tax credits.
• Allow a dependent child of a parent or guardian who is a member of the U.S. Armed Forces to apply for the FTC at any time.
• Specify that a parent must approve any payment made by funds transfer.
• Change the deadline from September 15 to August 15 for a private school participating in the FTC to submit its report to the SFO on the results of its agreed-upon procedures.
• Provide that the Commissioner has the discretion to determine that a private school that is unable to meet the program requirements or has consecutive years of material exceptions listed in its agreed-upon procedures report is ineligible to participate in the FTC program.
• Authorize the Learning System Institute at the Florida State University to be compensated for additional research through the project grant award issued by the DOE.
• Increases (from the current 82%) the FTC scholarship award amount to a percentage of the unweighted FTE funding amount for that state fiscal year and thereafter as follows:
  • 88% for a student in kindergarten through grade 5.
  • 92% for a student enrolled in grades 7-8.
  • 96% for a student enrolled in grades 9-12.
• Raise the transportation scholarship award for a student who chooses a public school outside of his or her district from $500 to $750.
• Provide that an SFO can make payments by fund transfer and specifies that a student’s scholarship award may not be reduced for debit card or electronic payment fees.
• Revise provisions relating to home education programs to provide:
  • A school district is prohibited from requiring certain information from a home education program parent unless the student chooses to participate in a school district program or service;
  • A school district is prohibited from taking certain actions against a home education program student’s parent unless such action is required for a school district program or service;
  • A district superintendent is prohibited from requiring certain evidence relating to a child’s age from children enrolled in specified private, religious, tutoring, and home education programs.

[NOTE: Today’s amendments removed a provision authorizing an SFO to develop a professional development system, revised a reporting date, and added provisions relating to home education.  This short summary reflects these changes. This is the second of three committees of reference for this bill.  The House companion bill – HB 15 – is comparable, has passed the House, and is available for consideration in the Senate.]

SB 1362 – K-12 Education by Broxson – AMENDED; PASSED WITH A CS
[NOTE: The bill was significantly amended with a strike-all amendment to align the bill to the House companion – HB 7101.  Efforts to amend the bill further to address specific concerns failed.  Please see discussion above for more information.]

SB 1598 – Education/Schools of Excellence/Certification/ by Brandes – NOT CONSIDERED
The bill establishes the Schools of Excellence Program to provide administrative flexibility to the state’s top schools and requires the State Board of Education to designate a school as a School of Excellence if the school’s percentage of possible points earned in its school grades calculation is in the 80th percentile or higher for schools within the same grade group (elementary schools, middle schools, high schools, or combination schools) for 2 of the last 3 school years. In order to qualify, the school must have data for each applicable school grade component. A school retains its designation as a School of Excellence for up to 3 years so long as it does not receive a school grade lower than a “B” during that span. The school may renew its designation for another 3 years if it remains in the 80th percentile or higher for 2 of the 3 years and does not receive a grade lower than a “B” in any of the years. A School of Excellence that receives a grade lower than “B” may not continue to be designated as a School of Excellence and loses its administrative flexibility during the remainder of the 3-year period. The bill provides the following administrative flexibilities to a School of Excellence:

• Exemption from any provision in law or rule that expressly requires a minimum period of daily or weekly instruction in a specified subject area.
• Principal autonomy under the Principal Autonomy Pilot Project Initiative (PAPPI).
• For instructional personnel, the substitution of 1 school year of employment at a School of Excellence for 20 inservice points toward the renewal of a professional certificate, up to 60 inservice points in a 5-year cycle.
• Exemption from district-set starting and stopping times for the school day.

In addition, the bill grants to a principal newly assigned to a school with a school grade of “D” or “F” additional authority and responsibilities similar to those granted to principals at Schools of Excellence and at schools participating in the PAPPI. This section authorizes a school district to revoke the principal’s additional authority after the school year following the first school year the school achieves a school grade of “C” or higher.

The bill also addresses certification. The bill:

• Changes the name of the professional development certification and education competency program to the comprehensive teacher mentorship certification program;
• Requires DOE to issue a professional certificate to a temporary certificate holder who meets the requirements for a professional certificate, who completes a comprehensive teacher mentorship certification, and is rated highly effective under the district’s teacher evaluation system.
• Requires a comprehensive teacher mentorship certification program to include a mentorship and induction component, which must include, at minimum, weekly opportunities for mentoring and induction activities;
• Requires a teacher selected to serve as a peer mentor to complete specialized training in clinical supervision and participate in ongoing mentor training and requires this training be provided under the School Community Professional Development Act;
• Requires DOE to adopt standards for the approval of district developed comprehensive teacher mentorship certification programs by December 31, 2017 and specifies components of the program.
• Revises the list of acceptable means of demonstrating mastery of professional preparation and education competence certification requirements by adding enrollment in a state-approved teacher preparation program or a comprehensive teacher mentorship certification program within 90 days after the issuance of a temporary certificate.

In addition, the bill:

• Authorizes the Department of Corrections (DOC) to enter into a contract with a charter school, authorized to operate as part of the state’s program of public education, to provide education services for the Correctional Education Program.
• Removes a provision prohibiting state funds for the operation of postsecondary workforce programs from being used for the education of state or federal inmates;
• Specifies that a county in which a public or private postsecondary institution is located may authorize a public high school educational facility, including a charter school educational facility, which meets statutory requirements related to educational facilities, to be located on the postsecondary institution’s campus. In effect, this allows a county to authorize a public high school, unaffiliated with a postsecondary institution, to operate on a postsecondary institution’s campus.

[NOTE: This was the last committee of reference for this bill. The House companion – HB 1331 – is comparable, has passed the House, and is available for consideration in the Senate.]

SB 1710 – Education / Civic Literacy by Stargel – NOT CONSIDERED
The bill designates the month of September as “American Founders’ Month” and authorizes the Governor to issue a proclamation urging all civic, fraternal, and religious organizations and public and private educational institutions to recognize, observe, and celebrate the month. Specifically, the bill:

• Encourages all public schools to observe “American Founders’ Month” with appropriate instruction and activities.
• Establishes civic literacy as a priority of Florida’s K-20 education system.
• Requires the Just Read, Florida! Office to develop and provide access to sequenced, content-rich programming, instructional practices, and resources to increase students’ core knowledge and literacy skills including student attainment of state standards for social studies, science, and the arts.
• Requires students initially entering a Florida College System institution or state university in 2018-2019 and thereafter, to demonstrate civic literacy through successful completion of a civic literacy course or by achieving a passing score on an assessment adopted in rule by the State Board of Education or in regulation by the Board of Governors, as applicable.

[NOTE: This was the third of four committees of reference for this bill. The House companion – HB 7057 – is similar, has passed the House, and is available for consideration in the Senate.]

SB 7030 – Retirement by Governmental Oversight and Accountability
The bill revises and adds to provisions of the Florida Retirement System (FRS).  [NOTE: This bill was amended by an 80-page strike all amendment that, among other things, provides some revisions to the FRS and incorporates the Senate’s public employee salary package.  We are still reviewing the revised language and will provide a summary as soon as possible.  The House companion bill — HB 5007 — is comparable, has passed the House, and is available for consideration in the Senate as part of the budget conference package.]

In the Senate Session:
Bills on 3^rd Reading
HB 493 – Enhanced Safety for School Crossings by Toledo – READ 3^RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE; ORDERED ENROLLED
The bill requires DOT to evaluate the viability and cost of establishing a uniform system for the designation of safe school crossing locations on arterial or collector roads within a one-mile radius of all schools. The bill requires DOT to report its findings to the Governor and Legislature before January 1, 2018.  [NOTE: This bill was substituted in the Senate for the Senate companion bill – SB 1416 – which was laid on the table.]

HB 1239 – School Bus Safety by Eagle – READ 3^RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE; ORDERED ENROLLED
The bill creates the “Cameron Mayhew Act” to require a driver who illegally passes a stopped school bus resulting in death or serious bodily injury of another person to:

• Serve 120 community service hours in a trauma center or hospital.
• Participate in a victim’s impact panel or attend a Department of Highway Safety and Motor Vehicles (DHSMV) approved driver improvement course that relates to the rights of vulnerable road users relative to vehicles on the roadway.

The bill also imposes a $1,500 fine, a 1-year driver license suspension, and two additional points, for a total of 6 points added to a person’s driver license.   [NOTE: This bill was substituted in the Senate for the Senate companion bill – SB 1622 – which was laid on the table.]

Bills on 2^nd Reading
SB 1008 – Public Records/Injured or Deceased Employee by Perry – READ 2^ND TIME; SUBSTITUTED FOR HB 1107; LAID ON THE TABLE
HB 1107 – Public Records/Workers’ Compensation by Albritton – SUBSTITUTED FOR SB 1008; READ 2^ND TIME; AMENDED; PLACED ON 3^RD READING FOR 5/2/17
The bill creates a public records exemption for personal identifying information of an injured or deceased worker contained in reports, notices, records, or supporting documentation held by the Department of Financial Services (DFS). “Personal identifying information,” means the injured or deceased employee’s name, date of birth, home, mailing, or e-mail address, or telephone number. The bill authorizes the DFS to disclose personal identifying information made confidential and exempt only:

• To the injured employee, to the spouse or a dependent of the deceased employee, to the spouse or a dependent of the injured employee if authorized by the injured employee, or to the legal representative of the deceased employee’s estate;
• To a party litigant, or his or her authorized representative, in matters pending before the Office of the Judges of Compensation Claims;
• To a carrier or an employer for the purpose of investigating the compensability of a claim or for the purpose of administering its anti-fraud investigative unit;
• In an aggregate reporting format that does not reveal the personal identifying information of any employee;
• Pursuant to a court order or subpoena;
• To an agency for administering its anti-fraud investigative function or in furtherance of the agency’s official duties and responsibilities;
• To a federal governmental entity in the furtherance of the entity’s official duties and responsibilities.

The bill provides that a person who willfully and knowingly discloses personal identifying information made confidential and exempt by this bill to an unauthorized person or entity commits a misdemeanor of the first degree [NOTE: Today’s amendment to HB 1107 re-inserted the gist of the Senate bill.]

[/toggle]

[toggle title=”Coming up Tomorrow – May 2, 2017“]

The Senate will be in Session (10:00 am-6:00 pm; Senate Chamber) to consider the following items and others:
Bills on 3^rd Reading
HB 1107 – Public Records/Workers’ Compensation by Albritton
The bill creates a public records exemption for personal identifying information of an injured or deceased worker contained in reports, notices, records, or supporting documentation held by the Department of Financial Services (DFS). “Personal identifying information,” means the injured or deceased employee’s name, date of birth, home, mailing, or e-mail address, or telephone number. The bill authorizes the DFS to disclose personal identifying information made confidential and exempt only:

• To the injured employee, to the spouse or a dependent of the deceased employee, to the spouse or a dependent of the injured employee if authorized by the injured employee, or to the legal representative of the deceased employee’s estate;
• To a party litigant, or his or her authorized representative, in matters pending before the Office of the Judges of Compensation Claims;
• To a carrier or an employer for the purpose of investigating the compensability of a claim or for the purpose of administering its anti-fraud investigative unit;
• In an aggregate reporting format that does not reveal the personal identifying information of any employee;
• Pursuant to a court order or subpoena;
• To an agency for administering its anti-fraud investigative function or in furtherance of the agency’s official duties and responsibilities;
• To a federal governmental entity in the furtherance of the entity’s official duties and responsibilities.

The bill provides that a person who willfully and knowingly discloses personal identifying information made confidential and exempt by this bill to an unauthorized person or entity commits a misdemeanor of the first degree.  [NOTE: The bill was amended on 2^nd Reading on Monday to insert the gist of the Senate companion bill – SB 1008.]

Bills on 2^nd Reading
SB 1210 – Instructional Materials in K-12 Public Education by Lee
The bill revises provisions relating to the definition and acquisition of instructional materials. Specifically, the bill:

• Defines “legal resident” or “resident” to mean a person who has maintained his or her legal residence in the state for the preceding year, has purchased a home that is occupied by him or her as his or her residence, or has established a domicile in this state pursuant to Florida law.
• Requires a district school board to adopt a policy regarding the right of a parent or legal resident of the county to object to the use of an instructional material based on specified criteria or contest the district school boards’ adoption of specific instructional materials.
• Revises the review process for district school boards that implement their own instructional materials review program.
• Requires district school board, upon a written request, to provide access to any instructional material or book specified in the written request, which is maintained in a district school system library and is available for review.
• Removes the requirement for school districts to purchase digital or electronic instructional material with the instructional materials allocation.

[NOTE: The House companion bill – HB 989 – is comparable, has passed the House, and is available for consideration in the Senate.]

SB 360 – Middle School Study by Stargel
The bill requires DOE to issue a competitive bid for a private vendor to conduct a comprehensive study of states with high-performing students in grades 6 through 8 in reading and mathematics, based on the states’ performance on the National Assessment of Educational Progress. The DOE must submit a report on the findings of the study and make recommendations to improve middle school student performance to the Governor, the State Board of Education, the President of the Senate, and the Speaker of the House of Representatives by December 2017.

• Specifically, the study must review, at a minimum:
• Academic expectations and instructional strategies.
• Attendance policies and student mobility issues.
• Teacher quality.
• Middle school administrator leadership and performance.
• Parental and community involvement.

[NOTE: The House companion bill – HB 293 – is comparable, has passed the House, and is available for consideration in the Senate.]

SB 1582 – Workers’ Compensation Insurance by Bradley
The bill amends several provisions relating to Florida’s workers’ compensation and the Insurance Code. The bill:

• Codifies Westphal v. City of St. Petersburg, by increasing temporary total disability benefits and temporary partial disability benefits from 104 weeks to 260 weeks.
• Amends the attorney fee provision to require the Judge of Compensation Claims (JCC) to consider certain factors in determining if the attorney fees should be increased or decreased, based on a maximum hourly rate of $250. The bill removes the criminal penalty for claimant attorneys receiving fees that are not approved by the JCCs, thereby allowing claimants to enter into retainer agreements. The bill eliminates the attorney fee cap of $1,500 on medical-only claims.
• Requires greater specificity in the information that must be provided in petitions for benefits filed with the Office of Judges of Compensation Claims (OJCC), such as the specific date of maximum medical improvement and the specific date that such permanent benefits are claimed to begin.
• Clarifies that deadlines within multiple provisions relating to medical care are based on business days, not calendar days. For example, the bill requires carriers to authorize or deny medical authorization requests within three business days.
• Revises the workers’ compensation rating law. Currently, Florida law requires carriers, or rating organization filing on their behalf, to file an administered rate or full rate. The bill implements loss costs rating, which requires each insurer to seek approval for rates based on aggregate claim information filed by a rating organization with individual company data (loss costs multipliers), being used for the final rate, subject to approval by the Office of Insurance Regulation (OIR).
• Limits defense and cost containment expenses of insurers to 15 percent of incurred losses, and provides that excessive defense and cost containment fees must be returned to policyholders.
• Creates a presumption that firefighters who have multiple myeloma or non-Hodgkin’s lymphoma are presumed to have contracted one of these occupational diseases in the course and scope of employment. This provision will extend workers’ compensation benefits to firefighters who have either of these conditions.
• Provides an appropriation of $823,118 to the OIR and $24,720 to the Office of Judges of Compensation Claims to cover the costs associated with these changes.  

[NOTE: The House companion bill – HB 7085 – is comparable, has passed the House, and is available for consideration in the Senate.]

The House will be in Session (10:30 am-completion) to consider the following items and others:
Bills on 3^rd Reading
HB 773 – K-12 Student Assessments by M. Diaz
The bill revises and adds to existing provisions relating to assessments and incorporates all or part of several other bills. The bill:

• Deletes provisions requiring the Algebra II EOC assessment to be administered and that certain students take the assessment;
• Requires that all statewide, standardized assessments, including statewide EOC assessments, be delivered in a computer-based format; however, beginning with the 2018-2019 school year, the statewide, standardized ELA and mathematics assessments for grades 3 through 6 must be administered in a nonelectronic format;
• Moves the date by which the commissioner must publish the uniform assessment calendar on the DOE’s website from August to January of each year;
• Requires, beginning with the 2018-2019 school year, that the grade 3 statewide, standardized ELA assessment, the writing portion of the ELA assessments, and paper-based assessments be administered during a 2-week assessment window that starts no earlier than April 1 each year;
• Requires that computer-based statewide, standardized assessments be administered during a 4-week assessment window that starts no earlier than May 1 each year;
• Requires each school district to administer those assessments no earlier than 4 weeks before the last day of school for the district;
• Requires results from the grade 3 statewide, standardized ELA assessment to be made available no later than May 31 and the results from all other statewide assessments to be made available no later than June 30;
• Requires the results of statewide, standardized ELA and mathematics assessments, including assessment retakes, to be reported to students, parents, and each student’s teacher of record for the subsequent year in an easy-to-read and understandable format and in time to provide useful, actionable information and specifies information that must be included; o Requires that the student learning growth formula be developed by a third party independent of the statewide, standardized assessment administrator and requires the independent third party to verify the suitability statewide assessment results for student learning growth measures;
• Requires the commissioner to provides schools access to individual student learning growth data in a user-friendly format that enables teachers and school administrators to understand, evaluate, and use the data for specified purposes;
• Requires the commissioner to contract for an independent study to determine whether the SAT and ACT may be administered in lieu of the grade 10 statewide, standardized ELA assessment and the Algebra I EOC assessment consistent with federal provisions for locally-selected assessments under the Every Student Succeeds Act;
• Requires the commissioner, beginning with the 2019-2020 school year and every 3 years thereafter, to publish on the DOE’s website each statewide, standardized assessment and statewide EOC assessment, as well as materials to help the public interpret the published assessment information. The commissioner may determine the schedule for publishing assessments during the 3-year period; however, the initial publication must include the grade 3 ELA and mathematics assessments, the grade 10 ELA assessment, and the Algebra I EOC assessment.
• Provides for appropriations related to the assessment study, reporting of student assessment results, the transition of certain statewide, standardized assessments to a paper-based format, and the provisions for student learning growth.
• Provides that a student may satisfy the online course requirement for a standard high school diploma by completing a blended learning course;
• Removes the prior year in public school requirement and provides that all K-12 students, including home education and private school students, are eligible for both full-time and part-time virtual instruction options.
• Removes passage of an online content assessment, by which the student demonstrates skills and competency in locating information and applying technology for instructional purposes, as an option to fulfill the online course requirement.
• Provides that a school board member is permitted to visit district operated schools without an appointment;
• Provides that, except for a school district or a consortium of school districts that implements an instructional materials program, each district school board shall use the annual instructional materials allocation only for the purchase of instructional materials that align with state standards and are included on the state-adopted list, except up to 50% of the annual allocation may be used for:
  • The purchase of library and reference books and non-print materials;
  • The purchase of other materials having intellectual content which assist in the instruction of a subject or course;
  • The repair and renovation of textbooks and library books and replacements for items which were part of previously purchased instructional materials;
• Revises educator certification, professional development, and teacher preparation program requirements as follows:
• Provides that a temporary certificate holder who completes a DOE approved program and earns a highly effective rating will qualify for a renewable professional certificate without having to complete additional classwork or pass the Professional Education Test.
• Allows charter schools and charter management organizations to offer a professional development certification and educator competence program and requires the mentorship and induction component of the program to, at a minimum, provide weekly opportunities for mentoring and induction activities. The mentorship and induction activities must be provided for a teacher’s first year in the program and may be provided until the teacher attains his or her professional certificate.
• Requires the DOE to adopt standards for approving a professional development certification and educator competence program, including the mentorship and induction component.
• Allows mentoring activities, including serving as a mentor, to count towards a teacher’s inservice requirements for certification renewal.
• Requires professional development activities to provide training to mentors. The training must include components on teacher development, peer coaching, time management, and other related topics as determined by the DOE.
• Requires model professional development programs disseminated by the DOE to include effective mentorship activities to new teachers and training to mentors.
• Streamlines the temporary certificate application process and revises provisions related to the expiration of a temporary certificate.
• Revises core curricula requirements for certain teacher preparation programs to include certain reading instruction and interventions;
• Requires certain educator preparation institutes to provide evidence of specified reading instruction as a condition of program approval and continued approval; amending s. 1012.585, F.S.; 382 Revises requirements for renewal of professional teaching certificates;
• Authorizes the DOE to recommend consolidation of endorsement areas and requirements for endorsements for teacher certificates;
• Revises duties and requirements for implementation of the School Community Professional Development Act and revises activities to include specified training relating to a professional development certification and education competency program;
• Revises requirements for school district professional development systems.
• Requires DOE to issue a competitive solicitation for a contract to conduct a comprehensive study of states with high-performing students in grades 6 through 8 in reading and mathematics, based on the states’ performance on the National Assessment of Educational Progress and report recommendations to improve middle school performance December 2017;
• Deletes the requirement for middle grade students to complete the career and education planning course;
• Removes the annual teacher bonus limits for IB, AICE, AP and CAPE courses and requires the district to allocate at least 80% of the AICE exam bonus funds to the school program that generates the funds;
• Provides that a charter school may be exempt from the controlled open enrollment requirements if the school is open to any student covered in an interdistrict agreement and any student residing in the school district in which the charter school is located;
• Provides that, if the sponsor fails to act on the application of a High Performing Charter School within 90 (rather than 60) days after receipt, the application is deemed approved;
• Provides that a high-performing charter school may establish more than one charter school within the state in any year if it operates in the area of a persistently low-performing school and serves students from that school;
• Streamlines the process for the application and replication of high-performing charter schools;
• Authorizes the use of district capital outlay millage revenue for payout of sick leave and annual leave accrued as of June 30, 2017 by individuals who are no longer employed by a school district that transfers to a charter school operator all day-to-day classroom instruction responsibility for all full-time equivalent students; this provisions expires July 1, 2018;
• Provides that strategies to assist schools identified for differentiated accountability must address, among other things, alignment across grade levels to improve background knowledge in social studies, science, and the arts.

[NOTE: The Senate companion bill – SB 926 – is comparable, has passed all committees of reference, and is on the Senate Calendar on 2^nd Reading.  In addition, another House bill – HB 549 – contains some comparable provisions and has passed the House.]

HB 265 – Computer Coding Instruction by Porter
The bill amends the law to more closely align state policy to the Southern Regional Education Board’s recommendations concerning computer science education. The bill promotes student access to education in computer science and related fields by requiring the Articulation Coordinating Committee to develop recommendations that identify:

• High school courses in computer science, including computer coding and computer programming, which may be used to satisfy state university admissions requirements for math and science.
• Common academic and technical skills needed for students to help meet projected labor market demands in computer science, information technology, and related fields in Florida.
• How middle and high school students, including underrepresented and nontraditional students, can be encouraged to pursue further studies and careers in computer science, information technology, and related fields.
• Secondary course sequences which prepare students to succeed in postsecondary educational programs in computer science, information technology, and related fields.
• Gaps in current policy, curricula, programs, and practices that inhibit students from pursuing postsecondary education and careers in computer science and related fields.
• Appropriate educator qualifications and computer science pedagogy to maintain technologically current instructional knowledge and practices in teacher preparation programs.
• Common definitions for terms related to computer science, including terms such as computer coding and computer programming, for consistent use across the Florida K-20 education system.

The committee must report its recommendations to the BOG and the Legislature by December 31, 2018. In addition, the bill requires the Commissioner to identify high school-level courses that incorporate the computer science standards in the Course Code Directory by June 30, 2018 and requires DOE to provide annual reports to the BOG and the Legislature that identify:

• The courses identified in the Course Code Directory pursuant by the commissioner in accordance with the bill;
• The number of students, by district, including the FLVS, who are enrolled in a course so identified; and
• The number of individuals who hold a valid educator certificate in computer science or a related field.

The bill also requires the state board to consult with the BOG and school districts to develop strategies for:

• Recruiting qualified teachers to provide computer science instruction;
• Updating computer science educator certification requirements;
• Providing appropriate professional development to maintain technologically current instructional knowledge and practices in the school districts; and
• Identifying and streamlining traditional and alternative pathways toward computer science educator certification.

If a student enrolls in an identified course that satisfies any FCS or SUS admission requirements for mathematics, or science, the bill requires the school district to notify the student that he or she should contact any out-of-state or private postsecondary institution to which the student is applying and inquire whether the course credit satisfies any of the institution’s admissions requirements. [NOTE: The Senate companion bill – SB 104 – is comparable and has passed one of two committees of reference.  Also note that SB 104 allows students to take computer coding courses of sufficient rigor such that two credits in those courses and the earning of a related industry certification satisfies two credits in sequential foreign language instruction.]

HB 843 — Meetings Between Two Members of Board or Commission by Donalds
The bill authorizes two members of any board or commission, including persons elected or appointed to such board or commission who have not yet taken office, of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision with a total membership of at least five members to meet in private and discuss public business without providing notice of such meeting or recording the meeting. Such meetings are exempt from open meetings requirements if:

• The members do not adopt a resolution or rule to take any other formal action, or agree to do so at a future meeting, at such meeting. A resolution or rule adopted, or any other formal action taken, in violation of this prohibition is void.
• The members do not discuss an appropriation, a contract, or any other public business that involves the direct expenditure of public funds to a private vendor.
• The meeting is not intended to frustrate or circumvent the purpose of the open meetings laws.
• The bill provides for repeal of the exemption on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

[NOTE: The Senate companion bill – SB 1004 – is similar but has not been heard in any of three committees of reference.]

Bills on 2^nd Reading
HB 6017 – Florida Center for the Partnerships for Arts Integrated Teaching by Gruters
The bill repeals the July 1, 2017, expiration date of The Florida Center for the Partnerships for Arts Integrated Teaching (PAInT) which is created within the University of South Florida Sarasota/Manatee. PAInT was established to increase the knowledge and research of arts-integrated instruction statewide, provide analysis of arts-integrated programs, and to partner with arts and educational organizations to introduce arts-integrated programs to more Florida Schools. Arts-integrated instruction is a teaching method in which the arts and academics are woven together to strengthen students’ understanding and retention of academic material. PAInT maintains partnerships with its host communities of Sarasota, Manatee, and Charlotte counties and to schools and districts across Florida, including public, private, and charter schools. [NOTE: The Senate companion bill – SB 256 – is identical, has passed the Senate, and is available for consideration in the House.]

[/toggle]