Admin
Legislative Report - Week 6 (Dec. 9 - 12)
Posted on 12/16/2019

General Information

This report contains pertinent information presented and discussed during the sixth interim committee week of the 2020 legislative session.

The House and Senate held meetings in both chambers, which consisted of presentations and legislative bills that were heard in committee meetings.

Senate Committees

Senate Education Committee - Chair Manny Diaz

SB 376 by Senator Lee related to English Language Leaners
The bill modifies the requirements for a standard high school diploma and student assessment program for English Language Learners (ELLs) in public schools.

The bill authorizes ELLs who enrolled in a public school in grade 9 or later beginning in the 2020-2021 school year, at the discretion of a district school board or a charter school governing board, to be exempt from passing the grade 10 English Language Arts (ELA) assessment in order to earn a standard high school diploma. In lieu of passing the grade 10 ELA assessment the student must show sufficient learning gains in ELA, as demonstrated on the World-Class Instructional Design and Assessment (WIDA) Consortium ACCESS for ELLs assessment at thresholds set by the State Board of Education (SBE).

The bill also modifies the college and career acceleration component of the school grading model for high schools by adding the percentage of students who enrolled in a public school in grade 9 or later as an ELL and passed the grade 10 ELA assessment.

The bill passed the Senate Education Committee favorably and is now in Senate Appropriations Subcommittee on Education Committee.

SB 418 by Senator Diaz related to Workforce Education

The bill authorizes school district career centers to offer an associate in applied science or associate in science degree program in nursing, but restricts offering the degree program to graduates of a licensed practical nursing program offered at that same career center.

The bill passed the Senate Education Committee favorably and is now in the Senate Appropriations Subcommittee on Education Committee.

SB 486 by Senator Bradley related to Florida Best and Brightest Programs

The bill repeals the Florida Best and Brightest Teacher Program, the Florida Best and Brightest Principal Program, and the Florida Best and Brightest Teacher and Principal Allocation.

In the 2019-2020 fiscal year, the legislature appropriated $284.5 million for the Florida Best and Brightest Teacher and Principal Allocation through the Florida Education Finance Program.

The bill passed the Senate Education Committee favorably and is now in the Senate Appropriations Subcommittee on Education Committee.

SB 534 by Senator Diaz related to Education

The bill requires the Department of Education (DOE) to maintain a list of persons permanently disqualified from employment in a public school or a private school that participates in a state educational scholarship program. The bill requires the disqualification list to include the identities of persons whose misconduct affects the health, safety, or welfare of a student and proscribes public schools, private schools participating in state scholarship programs, and approved virtual instruction providers from employing a person in a position with direct contact with students if the person is included on the disqualification list.

The bill also:
• Requires that educational support employees be included to the same extent required for instructional personnel and school administrators in policies establishing standards of ethical conduct and procedures for investigating, reporting, and terminating personnel.
• Requires the complete investigation of complaints of misconduct by public school personnel and provides authority for the DOE to place a person on the disqualification list.
• Provides that a person commits a felony of the third degree for employing a person identified on the disqualification list.
• Provides authority for the DOE to remove a person from the disqualification list
• Prohibits district school boards from rescreening an employee of an approved virtual instruction provider who has been screened in accordance with the rules for instructional and non-instructional personnel with direct contact with students in a district school system.
The bill passed the Senate Education Committee favorably and is now in the Senate Appropriations Committee.

SB 372 by Senator Lee related to Postsecondary Education for Certain Military Personnel

The bill promotes uniformity in the application of military training and education toward postsecondary credit (credit) or career education clock hours (clock hours) by public postsecondary educational institutions; and establishes a fee waiver for active duty members and honorably discharged veterans of the United States Armed Forces.

The bill requires:
• The Articulation Coordinating Committee (ACC) of the Florida Department of Education to convene a workgroup to develop a process for prioritizing and determining when military courses and occupations are appropriate for credit. The process must be approved by the Board of Governors of the State University System (BOG) and the State Board of Education (SBE), in consultation with the Florida Department of Veterans’ Affairs
• The ACC to approve a list of postsecondary course equivalencies and credit and clock hours awarded for military courses and occupations, which must be approved by the BOG and SBE in the statewide articulation agreement.
• State universities, Florida College System (FCS) institutions, and career centers to award credit or clock hours based on the approved list.
• A state university, FCS institution, career center operated by a school district, or a charter technical career center to waive transcript fees for active duty service-members and honorably discharged veterans, and their spouses and dependents.
The bill passed the Senate Education Committee favorably and is now in the Senate Appropriations Committee.

SB 434 by Senator Montford related to Designation of School Grades

The bill modifies the high school acceleration component of the school grading model to add to the calculation students who complete career certificate dual enrollment courses resulting in
300 or more clock hours that are identified by the State Board of Education.

The bill passed the Senate Education Committee favorably and is now in the Senate Appropriations Subcommittee on Education Committee.

Senate Appropriations Subcommittee on Education – Chair Kelli Stargel

The Senate Appropriations Subcommittee on Education met. The Subcommittee was given a brief presentation on the Governor’s Fiscal Year 2020-21 Budget Recommendations, which was presented by Alex Kelly, Chief of Staff for the Florida Department of Education.

During the presentation, Mr. Kelly gave an overview of the following below:
• Early Learning Funding
• K-12 Public Education Funding
• K-12 Funding Initiatives
• Higher Education Funding
To view the presentation on Governor’s Fiscal Year 2020-21 Budget Recommendations from the Florida Department of Education, please click the highlighted web link.

House Committees

House PreK-12 Appropriations Subcommittee - Chair Chris Latvala

The House PreK-12 Appropriations Subcommittee met. The meeting consisted of member appropriation project bills that were presented and voted on during the Subcommittee.

House Appropriations Committee – Chair Travis Cummings

The House Appropriations Committee met. The Committee was given a brief presentation on the Governor’s Fiscal Year 2020-21 Budget Recommendations, which was presented by Chris Spencer, Policy Director for the Office of Policy and Budget.

During the presentation, Mr. Spencer gave an overview of the key educational bullet point following below:
• Early Learning Funding
• K-12 Public Education Funding
• K-12 Funding Initiatives
• Higher Education Funding
• Required Local Effort
To view the presentation on Governor’s Fiscal Year 2020-21 Budget Recommendations from the Florida Department of Education, please click the highlighted web link.

House Education Committee – Chair Jennifer Sullivan

The House Education Committee met. The Committee was given a brief presentation by Eric Hall, Chancellor for Innovation from the Florida Department of Education and Mike Miller, Chief of External Affairs for Florida Virtual.

To view the presentation on School Choice and the Florida Virtual School District Overview, please click the highlighted web link.

House Transportation & Infrastructure Subcommittee – Chair Brad Drake

HB 37 by Rep. Zika related to School Bus Safety
The bill amends s. 318.18(5)(a), F.S., increasing the minimum civil penalty for failure to stop for a school bus from $100 to $200; and for a subsequent offense within five years, DHSMV must suspend the driver license of the driver for not less than six months and not more than one year.

The bill amends s. 318.18(5)(b), F.S., increasing the minimum civil penalty for passing a school bus on the side that children enter and exit, from $200 to $400; and for a subsequent offense within five years, DHSMV must suspend the driver license of the driver for not less than one year and not more than two years.

The bill passed the House Transportation & Infrastructure Subcommittee favorably and is now in the House Transportation & Tourism Appropriations Subcommittee.

House PreK-12 Innovation Subcommittee – Chair Ralph Massullo

HB 581 by Rep. Aloupis related to Civic Education
The bill requires the Commissioner of Education to develop minimum criteria for a nonpartisan civic literacy practicum that may be incorporated into a school’s curriculum for the high school United States Government course beginning with the 2021-2022 school year. The commissioner must also develop a process for a district school board to verify that a student has successfully completed a practicum.

The bill requires a student in a civic literacy practicum to identify a civic issue that impacts his or her community, rigorously research the issue, develop a plan of involvement to address the issue, and create a portfolio to evaluate and reflect upon the experience and the outcome, or likely outcome, of his or her involvement.

The practicum must be nonpartisan, address at least one community issue, and promote a student’s ability to consider different points of view and engage in civil discourse with individuals who hold an opposing opinion. The hours outside of classroom instruction that a student devotes to the civic literacy practicum may be counted toward meeting the community service work requirement for participation in the Florida Bright Futures Scholarship Program. School districts should also include and accept practicum activities and hours in requirements for academic awards, especially those awards that currently include community service as a criterion or selection factor.

The bill passed the House PreK-12 Innovation Subcommittee favorably and is now in the House PreK-12 Appropriations Subcommittee.

PKI1 by PreK-12 Innovation Subcommittee related to K-12 Student Athletes

The bill requires the Florida High School Athletic Association (FHSAA) to:
• require member schools to use environmental monitoring and modify athletic activities (i.e., contests, practices, workouts, and conditioning) based on WetBulb Globe Temperature (WBGT) and heat index levels;
• make training and materials available on environmental monitoring and establish WBGT and heat index levels at which a school must implement a cooling zone at an athletic activity;
• establish requirements for cooling zones and individuals with related training at athletic activities, including the use of cold water immersion tubs or similar materials;
• require school emergency action plans to include a procedure for onsite cooling using cold water immersion or its equivalent before transport to the hospital for EHS;
• establish hydration guidelines, including appropriate introduction of electrolytes;
• require student athletes to pass the annual medical evaluation each year before engaging in any athletic activities that occur outside of the school year; and
• notify member schools if it does not adopt a policy change as recommended by the FHSAA Sports Medicine Advisory Committee.

The bill specifies that these requirements apply during and outside of the school year.

The bill also requires all athletic coaches and sponsors of extracurricular activities involving outdoor practices or events to complete annual training in EHS identification, prevention, and response, including effective administration of cooling zones.

Beginning June 1, 2021, the bill requires an employee or volunteer with current cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) training to be present at each athletic event during and outside of the school year, including practices, workouts, and conditioning sessions. All employees or volunteers who are reasonably expected to use an AED must complete training and must be notified annually of the location of each AED on school grounds. The bill requires each school’s AED to be available in a clearly marked and publicized location for each athletic contest, practice, workout, or conditioning session.

The bill passed the House PreK-12 Innovation Subcommittee favorably.

HB 187 by Rep. Zika related to Postsecondary Education for Secondary Students

The bill renames “collegiate high school programs” as “early college acceleration programs” and expands the programs from 1 to 2 years. The bill requires the programs be made available to students in grades 11 and 12 and specifies that they must include an option for a student to graduate from high school with an associate degree. The bill also prohibits district school boards and Florida College System (FCS) institutions from limiting the number of eligible students who may enroll in dual enrollment programs, including early college acceleration programs, unless a 1-year waiver is granted by the Commissioner of Education.

The bill requires each dual enrollment articulation agreement between an FCS institution and a school district to establish at least one early admission program, one career early admission program, or one early college acceleration program. District school boards may establish an early college acceleration program with a state university, or an eligible institution and charter and private schools may establish a program with a state college, state university, or other eligible postsecondary institution.

The bill establishes reporting requirements for district school boards, postsecondary institutions, and the Department of Education (DOE) regarding early college acceleration programs and dual enrollment articulation agreements.

For private schools, the bill provides that costs associated with dual enrollment, including the early college acceleration program, may not be passed on to their students. The bill also prohibits dual enrollment articulation agreements from passing along costs associated with tuition and fees, including registration and laboratory fees, and instructional materials to a student’s private school of enrollment.

The bill requires articulation agreements to address the costs associated with courses delivered using technology to be borne by both entities.

The bill requires the dual enrollment transfer guarantees statement developed by the DOE to include English and mathematics courses that require a grade of C or higher to measure student achievement in college-level communication and computation skills. This must include a notice stating that grades in college credit courses remain on the student’s permanent record.

The bill passed the House PreK-12 Education Innovation Subcommittee favorably as a committee substitute.

House Health Market Reform Subcommittee – Chair Cary Pigman

HB 575 by Rep. Plasencia related to Applied Behavior Analysis Services

Applied Behavioral Analysis (ABA) has been recognized as a treatment option for a range of behavioral health conditions, with an emphasis on the treatment of autism spectrum disorder. ABA services are covered under the Florida Medicaid program, when medically necessary, and also under group health insurance plans and health management organization contracts.

Research suggests that ABA interventions should generally be provided under the supervision of a trained behavioral psychologist or behavioral analyst. While the Florida Statutes do not currently require licensure for ABA providers, several levels of professional certification are available to ABA providers. The Florida Medicaid program requires such certification to participate in Medicaid. Medicaid also requires groups or agencies providing ABA services to be licensed under the Florida Health Care Clinic Act, which includes additional fiduciary and administrative requirements for health care providers. Current law allows certified ABA professionals and mental health professionals licensed under ch. 490 or 491, F.S., to provide services in the K-12 classroom setting. However, behavioral assistants and other non-certified professionals working under the direction of these certified or licensed professional are not.

The bill would exempt group practices that provide ABA services from the requirements of the Health Care Clinic Act. The bill also adds paraprofessionals who practice under the supervision of either certified behavioral analysts or professionals licensed under ch. 490 or ch. 491, F.S., to the list of private instructional personnel who may provide ABA services in the classroom setting. This change would allow registered behavioral technicians and other behavioral assistants to provide ABA services to students in a public K-12 school.

The bill passed the House Health Market Reform Subcommittee favorably and is now in House Health Care Appropriations Subcommittee.

I hope you find the information above helpful. If you have any questions or need additional information, please feel free to contact us at (407) 317-3200 ext. 200-2966.

The regular legislative session will begin on January 14th, 2020.

Regards,

Codeye


Codeye J. Woody, DPL
Director of Legislative & Congressional Relations
Orange County Public Schools
445 W. Amelia Street
Orlando, FL 32801
Office: 407.317.3200 ext. 2002966
www.ocps.net