2008 Florida Regular Legislative Session: Education Report

The 2008 Florida Regular Legislative Session concluded on May 2, 2008 at 6:02 p.m.

Budgetary items were a major focus this Session, the early part of during which the Legislature reduced 4th quarter appropriations from the 2007-2008 fiscal year budget due to revenue shortfalls.

Approved during this process was Senate Bill 2502, which provided flexibility for school districts to use up to $65.00 of their 2 mil capital outlay funds for operational needs. For the 2008-2009 fiscal budget year, the Legislature extended that provision, but reduced the maximum millage levy from 2 mills to 1.75 mills.

Basic K-12 spending was reduced by 1.8 percent.

Other major education issues that passed this Session included reducing the emphasis of the Florida’s Comprehensive Assessment Test (“FCAT”) and adding more stringent ethical standards for teachers. Key legislation that failed this Session included a proposal to provide flexibility for schools to comply with the class size requirements and reinstating an elected Commissioner of Education.

The following is a brief summary of the pertinent education-related bills that passed and failed for the 2008 Session:

 

PASSED EDUCATION LEGISLATION

CS/1st Eng. Senate Bill 1908 by Senator Don Gaetz (R- Niceville) relating to the Designation of High School Grades

This legislation amends a provision relating to the school grading system; provides for a revised high school grading system beginning with the 2009-2010 school year, which includes the statewide standardized assessment, graduation rates, performance and participation in certain courses, postsecondary readiness as measured by certain examinations, and the change in these factors from year to year, etc. Effective date: July 1, 2008.

 

CS/CS/CS 1st Eng. Senate Bill 1712 by Education Pre-K – 12 Committee and Senator Don Gaetz relating to Ethics in Education Act

This legislation specifies certain additional offenses that constitute a breach of public trust. Requires the Department of Education to assist school districts, charter schools, the Florida School for the Deaf and the Blind, and certain private schools and providers in developing policies and procedures governing educator ethics and employment. Requires each district school board to adopt ethical standards for all employees, etc. Appropriation: $153,872. Effective date: July 1, 2008.

 

CS/2nd Eng. House Bill 3 by Representative Dorothy Bendross-Mindingall (D- Miami)/CS/Senate Bill 500 by Senator Larcenia Bullard (D- Miami) relating to Children’s Zones

This legislation provides for counties and municipalities to designate certain areas as children’s zones; provides process for nominating children’s zones; provides for children’s zone planning teams and corporations and strategic community plans; establishes Magic City Children’s Zone, Jacksonville Children’s Zone, and Orlando Children’s Zone pilot projects; requires the Florida Department of Children and Family Services to contract with certain private not-for-profit corporations. Effective Date: July 1, 2008, subject to a specific appropriation to provide a grant for a three-year period for the purpose of implementing this act, which includes contracting with a not-for-profit corporation for the development of a business plan and for the evaluation, fiscal management, and oversight of the Magic City Children’s Zone, Inc., and Jacksonville Children’s Zone pilot projects

 

CS/1st Eng. Senate Bill 1414 by Senator Alex Diaz de la Portilla (R- Miami) relating to Supplemental Educational Services Providers

This legislation requires the Florida Department of Education to annually evaluate and grade supplemental educational services providers. Specifies evaluation criteria. Provides reporting requirements, etc. Effective date: July 1, 2008.

 

CS/House Bill 91 by Representative Curtis Richardson (D- Tallahassee)/CS 1st Eng. Senate Bill 856 by Senator Mike Fasano (R- New Port Richey) relating to Disability History and Awareness

This legislation requires district school boards to designate “Disability History and Awareness Weeks” during the first two weeks in October each year. Provides for students in all K-12 public schools to be provided disability history and awareness instruction. Provides the content and goals of such instruction. Encourages state post-secondary institutions to conduct and promote activities related to disability history and awareness, etc. Effective date: July 1, 2008.

 

CS/Senate Bill 642 by Senator Gary Siplin (R- Orlando)/CS/House Bill 185 by Representative Bill Heller (R-St. Petersburg) relating to School/Multiple Birth Siblings/Classroom Placement

This legislation defines “multiple birth siblings” as twins, triplets, quadruplets, or other siblings resulting from a multiple birth. Gives parents the right to request the same or separate classrooms in the same grade level for said siblings. Specifies that the provisions of this bill do not apply to the rights or obligations of exceptional or disabled students or the removal of students pursuant to discipline policies, etc. Effective date: July 1, 2008.

 

CS/CS Senate Bill 242 by Senator Stephen Wise (R- Jacksonville)/CS/House Bill 213 by Representative John Legg (R- Port Richey) relating to Schools/Single-gender Classes

This legislation provides that students may be separated by gender for specified single-gender programs. Provides that options for public school choice may include single-gender programs. Authorizes district school boards to establish a nonvocational class, extracurricular activity, or school in which enrollment is limited to students of a single gender. Requires evaluation of single-gender programs every two years, etc. Effective date: July 1, 2008.

 

CS/House Bill 251 by Representative Stan Jordan (R- Jacksonville)/CS/CS/Senate Bill 574 by Senator Carey Baker (R- Eustis) relating to Reserve Officers’ Training Corps (“ROTC”) Programs

This legislation prohibits school district from banning Junior ROTC unit in certain schools; requires school district to allow student, under certain circumstances, to enroll in Junior ROTC at another school; prohibits community college or state university from banning Senior ROTC unit; requires school district, community college, or state university to grant military recruiters certain access to students, school facilities and grounds, and student information. Effective Date: July 1, 2008.

 

CS/Senate Bill 1070 by Senator Jim King (R- Jacksonville)/CS/House Bill 445 by Representative Bill Proctor (R- St. Augustine) relating to Intergovernmental Cooperation

This legislation authorizes parties to an interlocal agreement to provide for the use or maintenance of facilities or equipment. Authorizes district school boards to perform certain functions by means of an interlocal agreement. Provides for the use of school buses for additional public purposes. Provides for reimbursement and indemnification, etc. Effective date: Upon becoming law.

 

CS/CS/1st Eng. Senate Bill 526 by Senator Stephen Wise (R- Jacksonville)/CS/House Bill 1481 by Representative Aaron Bean (R- Fernandina Beach) relating to Interscholastic Extracurricular Activities “Erin’s Law.”

This legislation provides that charter and private school students may participate in interscholastic extracurricular activities at a public school under certain conditions. Provides for a public school student to participate in interscholastic sports at another public school, etc. Effective date: July 1, 2008.

 

CS/CS/1st Eng. Senate Bill 610 by Senator Lee Constantine (R- Altamonte Springs)/CS/CS/House Bill 1163 by Representative Chris Dorworth (R- Heathrow) relating to Physical Education/Grades 6-8 “Don Davis Physical Education Act”

This legislation requires physical education for students in grade 6 through grade 8. Provides for waivers under certain circumstances. Requires school districts to notify parents of the waiver options, etc. Effective date: July 1, 2008.

 

CS/1st Eng. House Bill 623 by Representative Will Kendrick (R- Carrabelle)/CS/CS/Senate Bill 1458 by Senator Stephen Wise (R- Jacksonville) relating to School Food Service Programs

This legislation requires school breakfast programs in middle and high schools; specifies requirements for setting prices of breakfast meals; requires district school boards to consider policies for provision of universal-free school breakfast meals in certain schools; clarifies allocation of funds for school breakfast programs; directs OPPAGA to submit report on school district food service programs. Effective Date: July 1, 2008.

 

1st Eng/House Bill 669 by Representative Nick Thompson (R- Ft. Myers)/CS/Senate Bill 790 by Senator Carey Baker (R- Eustis) relating to School Safety “Jeffrey Johnston Stand Up for All Students Act”

This legislation prohibits bullying and harassment of any student or employee of public K-12 educational institution; requires school district to adopt policy prohibiting bullying and harassment; provides immunity; provides restrictions with respect to defense of action and application of provisions; requires DOE approval of school district policy and school district compliance with reporting procedures as prerequisites to receipt of safe schools funds. Effective Date: upon becoming a law.

 

2nd Eng./House Bill 879 by Representative Kurt Kelly (R- Ocala)/CS/CS/CS/CS/Senate Bill 1670 by Senator Don Gaetz (R- Niceville) relating to Early Learning

This legislation revises provisions relating to membership of early learning coalitions; authorizes use of telecommunication methods by early learning coalition boards; transfers requirements for establishment of statewide child care resource and referral network by DCFS to AWI; provides for use of early learning coalitions as child care resource and referral agencies; transfers duties of DCFS with respect to Child Care Executive Partnership Program to AWI and early learning coalitions; revises VPK accreditation standards and background screening requirements; provides requirements for assignment of substitute instructors. Effective Date: July 1, 2008.

 

CS/1st Eng. House Bill 1203 by Representative Bill Proctor (R- St. Augustine)/CS/Senate Bill 2546 by Senator Ronda Storms (R- Brandon) relating to Interstate Compact on Educational Opportunity for Military Children

This legislation directs the Governor to execute Interstate Compact on Educational Opportunity for Military Children; provides requirements relating to student records and enrollment, placement and attendance, and eligibility for graduation; creates interstate commission and specifies powers and duties; requires Secretary of State to furnish enrolled act to member states; authorizes designation of Compact Commissioner and Military Family Education Liaison; creates council for compact; provides for future review and repeal. Effective Date: July 1, 2008, or upon enactment of the compact into law by nine other states, whichever date occurs later.

 

CS/CS/2nd Eng. Senate Bill 1276 by Senator Mike Bennett (R- Bradenton)/CS/House Bill 871 by Representative Paige Kreegel (R- Punta Gorda) relating to Educational Facilities Construction

This legislation increases the maximum authorized amount of a day-labor contract to $280,000. Provides for such amount to be adjusted annually. Provides duties of the Office of Educational Facilities with respect to approving school district construction projects and assisting districts in developing lists of proposed facilities. Limits total project costs except for providential causes, etc. Effective Date: July 1, 2008.

 

ER/Memorial/Senate Bill 1742 by Senator Lisa Carlton (R- Osprey) relating to Educator Ethics

This legislation urges the Congress of the United States to support the passage of laws establishing ethical standards for professional educators and to support a national clearinghouse to strengthen state efforts in the reporting, screening, and sharing of critical information relative to educator misconduct, etc.

 

2nd Eng. House Bill 5083 by Policy and Budget Council/CS/1st Eng. Senate Bill 1746 by Senator Stephen Wise (R- Jacksonville) relating to Public School Funding

The legislation conforms applicable statutes to the appropriations for public schools as provided in Senate Proposed Bill 7080 which makes appropriations for the 2008-2009 fiscal year. Specifically, the bill amends the statutes relating to the funding of regional consortium service organizations; student international baccalaureate examination scores and diplomas; student advanced international certificate of education examination scores and diplomas; student college board advanced placement examination scores; student completion of industry-certified career and professional academy programs with the highest level industry-certified certificate and a high school diploma; student enrollment in core-curricula courses offered by the Florida Virtual School; the excellent teaching program; instructional materials; student transportation; district flexibility to use categorical funds including safe schools, instructional materials, student transportation, supplemental academic instruction, and research-based reading instruction; determining the aggregate required local effort for school districts participating in the Florida Education Finance Program; determining the final taxable value for school purposed for the final calculation of the FEFP each fiscal year; and determining the total allocation of state funds to each school district.

The legislation shifts 0.25 mills from discretionary capital outlay to local required effort for current operations.

 

FAILED EDUCATION LEGISLATION

CS/CS/House Bill 1259 by Representative Anitere Flores (R- Miami)/CS/CS/Senate Bill 1652 by Education Pre-K – 12/House Bill 1301 by Representative Legg (R- Port Richey) relating to Education

This legislation increases time period during which certain instructional personnel may participate in DROP; revises provisions and duties relating to charter schools, charter school applicants, sponsors, and governing boards, Florida Schools of Excellence Commission, and charter technical career centers; establishes criteria and requirements for charter schools and charter technical career centers that have material financial weaknesses or are in state of financial emergency; provides for sharing of capital improvement millage with charter schools; authorizes additional uses for charter school capital outlay funds; provides charter schools with portion of Classrooms for Kids Program funds. Effective Date: July 1, 2008.

 

Senate Bill 286 by Senator Stephen Wise (R- Jacksonville)/CS/CS/House Bill 491 by Representative Jennifer Carroll (R- Jacksonville) relating to Educators Teaching English/Inservice Requirements

This legislation requires that educators of English for Speakers of Other Languages (ESOL) have inservice requirements that will ensure a conducive learning environment and the use of appropriate teaching strategies for students with limited English. Requires that primary English instructors have 300 inservice hours or the equivalent, that instructors in basic subject areas have 60 inservice hours or the equivalent, etc. Effective Date: July 1, 2008.

 

CS/House Bill 297 by Representative John Legg (R- Port Richey)/Senate Bill 990 by Senator Stephen Wise (R- Jacksonville) relating to Gifted and Academically Talented Student Education

This legislation requires district school boards to provide parental notice of requirements and procedures for requesting evaluations for gifted student classification; requires reporting of gifted student classification, services, and performance data; requires DOE to develop and district school boards to implement procedures and eligibility criteria for whole-grade and subject matter acceleration; requires reporting of student acceleration data; requires state-approved teacher preparation programs to incorporate specified gifted student instruction; requires certain school district guaranteed allocation expenditures to be reported separately; creates Gifted and Academically Talented Student Task Force to report to Governor and Legislature.

 

Senate Bill 302 by Senator Gary Siplin (D- Orlando)/House Bill 335 by Representative Ed Bullard (D- Miami) relating to Public School Dress Requirements

This legislation prohibits students from wearing and exposing below-waist underwear in a specified manner while on the grounds of a public school, etc. Effective Date: July 1, 2008.

 

CS/CS/1st Eng. Senate Bill 318 by Senator Lee Constantine (R- Altamonte Springs)/CS/House Bill 359 by Representative Scott Randolph (R- Orlando) relating to Exceptional Students with Disabilities

This legislation requires the Department of Children and Family Services, the Agency for Health Care Administration, and residential facilities licensed by the Agency for Persons with Disabilities to notify a school district under certain circumstances. Requires the review of a student’s individual educational plan. Requires the DOE, in consultation with specified agencies, to develop procedures for the placement of students in residential care facilities, etc. Effective Date: July 1, 2008.

 

House Bill 659 by Representative Rick Kriseman (D- St. Petersburg)/Senate Bill 1498 by Senator Mike Fasano (R- New Port Richey) relating to Service Learning in the Public School System

This legislation requires DOE to encourage school districts to initiate, adopt, expand, and institutionalize service-learning programs, activities, and policies in K-12; provides for department assistance to school districts that elect to implement service-learning activities; requires development and adoption of service-learning courses; authorizes service-learning activities to count toward graduation and academic awards. Effective Date: July 1, 2008.

 

CS/House Bill 207 by Representative Maria Lorts Sachs (D- Delray Beach)/CS/CS/Senate Bill 1062 by Senator Paula Dockery (R- Lakeland) relating to Educator Certification Requirements

This legislation revises provisions relating to means for demonstrating mastery of subject area knowledge; specifies world languages for which subject area examinations may be required by State Board of Education rule; authorizes degree completion and attainment of foreign language proficiency on specified national tests; revises requirements relating to issuance of temporary certificates. Effective Date: July 1, 2008.

 

CS/Senate Bill 1756 by Senator Stephen Wise (R- Jacksonville)/CS/House Bill 7043 by Schools and Learning Council relating to Classroom Size Reductions

This legislation removes the eligibility requirements that a school district is required to meet in order to deliver the prekindergarten program during the school year. Removes the Department of Education’s authority to certify school districts as eligible to deliver the prekindergarten program. Revises the requirements for calculating the number of students per classroom for specified fiscal years, etc. Effective Date: July 1, 2008.

 

CS/CS/Senate Bill 2308 by Senator Lisa Carlton (R- Osprey)/HJR/House Bill 7025 by Schools and Learning Council relating to Commissioner of Education

This legislation proposes amendments to the State Constitution which will create an elected Commissioner of Education who will be a member of the Cabinet and will be responsible for the supervision of public education as provided by law; requires the Commissioner of Education to hold a bachelor’s degree or a higher academic degree; includes the Commissioner of Education with other Cabinet members as a trustee of the Internal Improvement Trust Fund, etc.

 

Senate Bill 2564 by Senator Mike Fasano (R- New Port Richey)/House Bill 1157 by Representative John Legg (R- Port Richey) relating to Suicide Prevention Education/School Boards

This legislation requires that, beginning with the 2008-2009 school year, each school district provide access to suicide prevention education for all instructional and administrative staff using resources approved by the Statewide Office of Suicide Prevention, etc. Effective Date: July 1, 2008.

 

Should you have any questions regarding the above materials, please feel free to contact this office.