Admin
Legislative Report, Jan. 27-31
Posted on 02/03/2020

General Information

This report contains pertinent information presented and discussed during the third week of the 2020 regular legislative session.

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

 

Budgets

The House Pre-K-12 Education Appropriations Subcommittee and the Senate Education Appropriations Subcommittee have presented and discussed “the Chair’s Budget” recommendations.

The recommendations have been forwarded to the Appropriations Committee Chair in each chamber for inclusion in the General Appropriations Act and implementing and conforming bills that will be considered by each chamber beginning February 5, 2020. 

View the 2020-21 Senate and House PreK-12 Education Budgets Proposal comparison (side by side) developed by Jim Hamilton.

View the Teacher Salary Enhancement Proposals (side by side).

 

SENATE

Senate Education Committee – Chair Senator Manny Diaz

SB 190 by Sen. Montford related to Medicaid School Based Services

The bill expands the eligible student population that qualifies for Medicaid eligible school-based health services from school districts and private and charter schools. The bill authorizes schools to certify for reimbursement eligible health services provided to any student enrolled in Medicaid, regardless of whether the student qualifies for Part B or H of the IDEA, the exceptional student education program, or has an individualized education plan. The bill aligns Florida law with federal regulations authorizing federal reimbursement of Medicaid-eligible school-based health services to students enrolled in Medicaid.

The bill passed the Senate Education Committee favorably.

 

SB 1568 by Sen. Hutson related to Education

The bill modifies Florida’s career and technical education program to improve and expand apprenticeship and pre-apprenticeship programs, provide supports for students in work-based learning programs, specify career education requirements for middle school promotion and high school graduation, modify funding incentives for industry certifications, and provide relevant mathematics pathways.

The bill:

·       Broadens the scope of apprenticeship and pre-apprenticeship programs (programs) to additional apprenticeship program sponsors (sponsors) and occupations, and:

o   Specifies that programs lead toward occupations, rather than trades.

o   Clarifies that sponsors are responsible for program supervision, subject to uniform minimum standards developed by the Department of Education.

o   Includes state universities as partners in the provision of apprenticeship instruction.

o   Clarifies the duties of the DOE regarding apprenticeship and pre-apprenticeship programs.

o   Revises the membership and scope of the State Apprenticeship Advisory Council. o Changes the selection criteria and use of funds for the Florida Pathways to Career Opportunities Grant Program

·       Specifies that students in a preapprenticeship program or courses with a work-based component are deemed to be employees of the state for workers’ compensation purposes for medically necessary care only.

·       Modifies provisions related to elementary and secondary career education to:

o   Make optional the middle school course in career and education planning, and authorizes the Florida Virtual School to offer the course.

o   Authorize school districts and regional consortia to work with national providers to submit career-themed courses for approval.

o   Modify the requirement for computer science instruction in elementary school, and expand the use of computer science teacher incentive funds.

·       Changes provisions related to Career and Professional Education industry certifications by:

o   Clarifying Commissioner of Education authority regarding CAPE industry certifications and CAPE Digital Tool Certificates.

o   Modifying the award and use of CAPE industry certification bonus funds relating to credit awarded under statewide articulation agreements.

o   Providing bonus funds for aviation and aerospace industry certifications.

·       Requires the Articulation Coordinating Committee to identify mathematics pathways aligned to programs, meta-majors, and careers.

The bill passed the Senate Education Committee favorably.

 

SB 1688 by Sen. Harrell related to Early Learning and Early Grade Success

The bill modifies the administration of the Voluntary Prekindergarten Education Program  and the school readiness program and reorganizes the regulatory structure of the Office of Early Learning to consolidate authority and oversight within the State Board of Education.

The bill expands accountability and assessment requirements for VPK providers. Specifically, the bill repeals the pre- and post-assessment and statewide kindergarten screening and readiness rate requirements for VPK providers and replaces them with:

·       A coordinated screening and progress monitoring program for students in VPK through grade 3 to provide information on students' progress in mastering the appropriate grade-level standards to parents, teachers, and school and program administrators.

·       A program assessment that measures the quality of teacher-child interactions, including emotional and behavioral support, engaged support for learning, classroom organization, and instructional support for children ages 3 to 5 years, in each VPK classroom.

·       A performance metric that provides a score to each VPK provider based on performance.

The bill creates the Council for Early Grade Success within the Department of Education to oversee the CSPM and requires the new screenings and assessments to be administered by individuals meeting SBE requirements.

The bill modifies the market rate schedule paid to school readiness providers to require a market rate schedule based on the prevailing market rate. The bill also removes authority for each Early Learning Coalition to adopt a payment schedule for providers and requires the Early Learning Programs Estimating Conference to adopt the payment schedules to be used statewide in each county.

The bill passed the Senate Education Committee favorably.

 

SB 1696 by Sen. Perry related to Student Athletes

The bill adds requirements to protect students participating in extracurricular activities and

athletics.

The bill requires:

·       Each Florida High School Athletic Association member public school to make its automated external defibrillator available in a clearly marked and publicized location for each athletic contest, practice, workout, or conditioning session. 

·       A school employee or volunteer with current training in cardiopulmonary resuscitation and use of an AED, beginning June 1, 2021, to be present at each athletic event, practice, workout, or conditioning session during and outside of the school year. 

·       All employees or volunteers expected to use an AED to complete the training and be notified annually of the location of each AED on school grounds.

·       The FHSAA to make training and resources to monitor heat stress available to each member school.

·       Each school’s emergency action plan to include a procedure for onsite cooling using coldwater immersion.

·       Athletic coaches and sponsors of outdoor extracurricular activities to complete annual exertional heat illness training, including administration of cooling zones.

·       Students involved in interscholastic athletics to pass a medical evaluation prior to participating in relevant activities outside of the school year.

The bill passed the Senate Education Committee favorably.

 

SB 946 by Sen. Baxley related to Moments of Silence in Public Schools

The bill requires a moment of silence to be set aside for students during each school day. The bill directs the principal of each public school to require teachers in first-period classrooms in all grades to set aside one to two minutes daily for a moment of silence, during which students may not interfere with other students’ participation.

 The bill passed the Senate Education Committee favorably.

 

Senate Education Appropriations Subcommittee – Chair Senator Kelli Stargel

SB 62 by Sen. Stragel related to K-12 Education

View the bill analysis.

The bill passed the Senate Education Appropriations Subcommittee favorably.

 

SB 486 by Sen. Bradley related to Florida Best and Brightest Programs

This 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.

The bill passed the Senate Education Appropriations Subcommittee favorably, and previously passed the Senate Education Committee favorably.

 

SB 836 by Sen. Simmons related to Funds for Operation of Schools

This bill provides for school districts to receive additional funding through the FEFP for each student who receives an Advanced Placement Capstone Diploma and meets the requirements for a standard high school diploma.

 The bill requires that a value of 0.3 FTE student membership be calculated for each student who receives an AP Capstone Diploma. Such value must be added to the total FTE in basic programs for grades 9 through 12 in the subsequent fiscal year. In effect, the bill provides the same additional FTE funding for each student who receives an AP Capstone Diploma as a student who receives an IB or AICE diploma.

The bill passed the Senate Education Appropriations Subcommittee favorably, and previously passed the Senate Education Committee favorably.

 

SB 434 by Sen. Montford related to Designation of School Grades

This 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 Appropriations Subcommittee favorably, and previously passed the Senate Education Committee favorably.

 

Senate Community Affairs Committee – Chair Senator Anitere Flores

SB 1236 by Sen. Gruters related to Educational Property Tax Exemption

The bill expands the current ad valorem exemption for property used for educational purposes to exempt land that is not owned by the educational institution, but used for educational purposes by the educational institution under a lease, but only if the educational institution is responsible for the taxes owed and ongoing maintenance and operational expenses of the land and buildings under the lease, and if the property has been used for educational purposes and has been receiving the exemption for at least 10 years.

The bill passed the Senate Community Affairs Committee favorably.


Senate Ethics and Elections Committee – Chair Senator Dennis Baxley

SB 1216 by Sen. Gruters related to Limitation on Terms of Office for Members of a District School Board

The bill proposes that district school board members be subject to a 12-year consecutive service term limitation. The restriction goes further than the current “eight-is-enough” term limit that applies to Cabinet members and State legislators. The provision would operate prospectively beginning with the 2020 general election. The likely earliest date that any currently serving school board member could be “termed-out” would be in November 2032.

The joint resolution, if passed by a 3/5ths vote of each House of the Legislature, will be voted on at the general election in November 2020, unless the legislature authorizes an earlier special election for that specific purpose.

The bill was temporarily postponed.

 

HOUSE

 

House PreK-12 Innovation Subcommittee – Chair Representative Ralph Massullo

HB 1013 by Rep. Grall related to Early Learning and Early Grade Success

The bill revises the statewide governance of early learning programs by:

·       Repealing the OEL and its executive director and establishing a Division of Early Learning, thereby placing the responsibility for overseeing the VPK and School Readiness programs, including rulemaking authority, with the State Board of Education (SBE); 

·       Providing a type two transfer of the Gold Seal Quality Care Program from the Department of Children and Families to the DOE;

·       requiring the DOE inspector general to assume investigative duties relating to the VPK and School Readiness programs;

·       Repealing the Florida Early Learning Advisory Council and establishing the Early Grades Success Advisory Committee; and

·       Subjecting Early Learning Coalitions (ELCs) to the SBE’s oversight enforcement authority.

The bill also revises the composition of ELC membership, reduces the maximum allowable number of ELCs from 31 to 30, and provides the DOE with authority to merge ELCs in certain circumstances.

The bill establishes a timeline for phasing in a new VPK accountability system based on a performance metric that includes student outcomes, learning gains, and observations of child-teacher interactions. The bill requires the commissioner to develop a screening and progress monitoring system that is mandatory for VPK through grade 3 students and must provide the outcomes and learning gains data for the VPK performance metric. The VPK accountability system must assign a grade of “A” through “F” to VPK providers beginning with the 2022-2023 program year.

The bill revises the market rate calculation for School Readiness provider reimbursements and requires the Early Learning Programs Estimating Conference, rather than local ELCs, to establish payment schedules. The bill also:

·       allows certain childcare providers on military installations to participate early learning programs;

·       exempts curriculum purchased by a Gold Seal childcare provider from sales taxes; and

·       allows districts to use the research-based reading allocation to fund intensive interventions for VPK students who are identified with a substantial reading deficiency.

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

 

HB 935 by Rep. Webb related to Solar Energy Systems in Educational Facilities

This bill excludes costs associated with a solar energy system from the cost per student station caps on public school construction. Excluded costs would include equipment, installation, design and engineering, permitting, and testing for a solar energy system. School districts will be able to install a solar energy system without exceeding the cost per student station cap due to associated costs such as design and installation. The fiscal impact is indeterminate.

The bill excludes from cost per student station caps costs associated with a solar energy system located on the property of a school facility. Excluded costs would include equipment, installation, design and engineering, permitting, and testing for a solar energy system.

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

 

HB 1213 by Rep. Fine related Holocaust Education

This bill requires the DOE to prepare and offer curriculum standards for teaching the history of the Holocaust (1933-1945), a subject required for K-12 public school students under s. 1003.42, F.S. The DOE may contract with the Florida Holocaust Museum and other state or nationally recognized Holocaust educational organizations to develop curricula, instructional personnel training, and classroom instructional material for the instruction.

The bill requires each school district, and charter school, to include in this instruction the state policy against anti-Semitism, as described in s. 1000.05(7), F.S. The DOE must create a process for school districts and charter schools to annually certify and provide evidence of compliance with the Holocaust instructional requirements to the DOE.

 This bill does not appear to have a fiscal impact.

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

 

HB 1231 by Rep. DuBose related to Students with Disabilities in Public Schools

For students with disabilities in public schools, the bill addresses the use of seclusion and restraint and requires the use of video cameras in certain classrooms.

 

Use of Seclusion and Restraint on Students with Disabilities

The bill defines terms related to seclusion, physical restraint, and mechanical restraint, and it specifies when such techniques may be used. The bill requires school districts to prohibit school personnel from placing a student in seclusion. The bill provides that restraint may be used only to protect students or school personnel but not for disciplining a student. A student may be restrained only for the time necessary to protect the student and others and only after all positive behavior interventions and supports have been exhausted. The bill prohibits straightjackets, zip ties, handcuffs, tie-downs, and restraint techniques that obstruct or restrict breathing or blood flow or inflict pain to induce compliance.

The bill requires school districts to adopt policies and procedures related to positive behavior interventions and supports and to identify all school personnel authorized to use restraint techniques. The bill also requires school districts to develop a crisis intervention plan if a student is restrained more than once during a semester.

The bill requires the Department of Education to publish de-identified data on reported restraint incidents on the department’s public-facing website each month.

 

Video Cameras in Public School Classrooms

The bill requires a school district, at the written request of a parent, to install a video camera and record a classroom in which a majority of the students are provided special education services. The video camera must be capable of monitoring all areas of the classroom and entrances and exits associated with the students’ restroom but may not monitor the restroom itself or any other area where a student changes his or her clothes.

The bill provides circumstances under which the video recording may be viewed and limits the people who may view the recording to include school employees involved with an alleged incident of abuse or neglect itself or the investigation of such an incident, the parent of a student who is involved in the alleged incident, law enforcement if the incident is reported and representatives of the Department of Children and Families (DCF) as a part of a child abuse investigation. The bill requires anyone who views the video to report suspected child abuse to DCF.

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

 

House PreK-12 Appropriations Subcommittee – Chair Representative Chris Latvala

HB 523 by Rep. DiCeglie related to Mastery-based Education

This bill renames the Competency-Based Education Pilot Program as the Mastery-Based Education Program and:

·       Allows developmental research schools and any public school district in the state to submit an application to the DOE to participate in the program.

·       Authorizes participating lab schools and school districts to approve and use an alternative interpretation of letter grades to measure student success in grades 6 through 12; however, school districts must continue to use a 4-point scale for calculating a student’s grade-point average.

·       Provides that students who earn high school credit through a mastery-based education program have fair and equitable access to postsecondary education.

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

 

HB 581 by Rep. Diamond related Civic Education

This bill requires the Commissioner of Education to develop minimum criteria for a 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 civic literacy practicum must be nonpartisan, focus on addressing at least one community issue, and promote civil discourse.

The bill establishes minimum requirements for a student to complete a civic literacy practicum, including identifying a civic issue, researching and developing an involvement plan to address the issue, and creating a portfolio evaluating and reflecting on the experience and outcome, or likely outcome, of his or her involvement.

The hours a student spends implementing an involvement plan may be counted toward community service requirements of the Florida Bright Futures Scholarship Program. School districts should integrate practicum activities and hours into requirements for academic awards.

The bill requires the State Board of Education to establish criteria and annually designate public schools that provide students with high-quality civic learning as Freedom Schools.

The bill passed the PreK-12 Appropriations Subcommittee favorably.

 

HB 957 by Rep. Shoaf related to Designation of School Grades

This bill specifies that a high school student may be included in the college and career acceleration component of the school grades calculation if he or she earns 300 or more clock hours through career dual enrollment courses identified by the State Board of Education.

The bill passed the PreK-12 Appropriations Subcommittee favorably.

 

House Appropriations Committee – Chair Representative Travis Cummings

HB 641 by Rep. Plasencia related to Funds for the Operation of Schools

This bill provides for school districts to receive additional funding through the Florida Education Finance Program for each student who receives an AP Capstone Diploma in addition to a standard high school diploma. 

The bill passed the House Appropriations Committee favorably.

 

HB 953 by Rep. McClain related to Charter Schools

The bill provides that the board of trustees of a sponsoring state university or Florida College System institution is a local educational agency for the purpose of receiving federal funds and accepting responsibility for all requirements in that role.

The bill requires the Department of Education (DOE), in collaboration with charter school sponsors and operators, to develop a sponsor evaluation framework and report results in its annual charter school application report. In addition, the bill revises charter school application reporting requirements and submission dates for both sponsors and the DOE.

The bill establishes operational funding and capital outlay funding formulas for charter schools sponsored by a state university or FCS institution.

The bill authorizes charter schools to provide career and professional academies.

The bill passed the House Appropriations Committee favorably.

 

HB 1203 by Rep. Mariano related to Pathways for Career Opportunities

The bill requires the Commissioner of Education to submit a report by December 1, 2020, to determine the feasibility of implementing a Pathways in Technology Early College High School (P-TECH) program in Florida.

The bill requires the report to, at a minimum, include implementation timelines, a funding model that provides the program at no-cost to students, identify industry and business partnerships, and if needed, recommendations to modify the district and school accountability requirements.

The bill requires the P-TECH program to meet specified criteria of being a 6-year integrated secondary and postsecondary model, allowing for high school and postsecondary degree attainment with work experience, having an open enrollment policy, providing student supports, and providing for seamless articulation to Florida’s postsecondary institutions.

The bill passed the House Appropriations Committee favorably.

 

House Education Committee – Chair Jennifer Sullivan

HB 725 by Rep. Robinson related to Workforce Education

This bill authorizes a school district career center to conduct an associate in applied science or an associate in science nursing degree program if the career center offering the associate in science nursing degree program offers it only to graduates of a licensed practical nursing program offered by the same center. This may lead to an increase in the number of RNs in the Florida workforce and to an improved quality of care within the nursing profession.

This bill passed the House Education Committee favorably.

 

EDC1 by Education Committee related to School Choice

View the EDC1 bill analysis.

The bill passed the House Education Committee favorably.

 

EDC2 by Education Committee related to School Safety

View the EDC2 bill analysis.

The bill passed the House Education Committee favorably.

 

House Oversight, Transparency & Public Management Subcommittee – Chair Cyndi Stevenson

HB 157 by Rep. Sabatini related to Limitation on Terms of Office for Members of a District School Board

This bill proposes an amendment to the Florida Constitution that would prohibit a school board member from appearing on a ballot for reelection if, by the end of his or her current term of office, the member will have served, or would have served if not for resignation, in that office for eight consecutive years. This proposal is similar to the term limits placed on elected state officials.

The proposed limitation would apply only to terms of office beginning on or after November 3, 2020, and is prospective, so that school board members reelected to a consecutive term in 2020 could serve another consecutive eight years before reaching the term limit. 

The bill passed the House Oversight, Transparency & Public Management Subcommittee favorably.

 

House Health & Human Services Committee – Chair Reay Wesley Rodrigues

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

This bill would exempt group practices that provide ABA services from licensure under the Health Care Clinic Act. The bill also amends S. 1003.572, F.S., to add 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 RBTs and other behavioral assistants to provide ABA services to students in a public K-12 school.

This bill passed the House Health & Human Services Committee favorably as a committee substitute.

 

House Floor Action

 

HB 7011 by PreK-12 Innovation Subcommittee related to Student Athletes

The bill requires the FHSAA to adopt rules to better protect athletes during hot weaver and to avoid preventable injury or death.

The bill passed the full House.