Legislative Update, March 7-11, 2022
Posted on 03/14/2022
The Florida Legislature will vote Monday on a record $112.1 billion state budget for the 2022-23 fiscal year, up 10.4 percent from this year. Budget negotiations concluded on Thursday, though a missed deadline will force the legislative session to extend until Monday for a final vote on the budget. The session was scheduled to end Friday.  The K-12 Education Budget includes:
Total Statewide FEFP Funding: $24.3 billion [$13.5 billion state funds; $10.7 billion local funds]
     • An increase of $1.69 billion (or 7.5 percent) in FEFP Total Funds
     • An increase of $384.55 (or 4.96 percent) in Total FEFP Funds per Student
     • An increase of $214.49 per student in Base Student Allocation (BSA)
     • An increase of $250 million to the Teacher Salary Increase Allocation for a total of $800 million to be used to increase the salaries of classroom teachers
     • A requirement ensuring all school district employees are paid a minimum wage of at least $15 per hour beginning in the 2022-23 school year
General Appropriations Implementing Bill and Education Appropriations Conforming Bill
     • A $200 million School Recognition Fund to reward schools in districts that did not require students to wear masks during the pandemic
     • Changes to Controlled Open Enrollment – requiring school districts to regularly report school capacity, maintain a waitlist, and enroll students throughout the year
     • Requiring the State Board of Education to review the school grade scale and revise the scale when certain thresholds are met
     • Clarifying that teacher evaluations are not a mandatory subject of collective bargaining
On Thursday, the Senate passed a bill (HB 7) that would restrict how issues related to race, racism, and the history of racial relations can be taught in public schools and on what companies can tell employees about race in workplace trainings. The bill passed on a 24-15 party-line vote with Republicans in favor. The House passed the measure along party lines last month.
The Legislature also passed a bill (HB 1467) placing 12-year term limits on school board members and establishing a process to give parents and community members more input over books in school libraries. The Florida Department of Education would also be required to compile a list of instructional materials that Florida schools have barred or removed as a result of an objection and share it with districts so they can use it to make decisions.
On Monday, the Senate passed a bill (HB 1557) that would limit discussions of sexual orientation or gender identity in kindergarten through third grade. Opponents dubbed it the “Don't say gay” bill, and protests against the bill drew national attention. Supporters say the bill does not prohibit spontaneous discussion of sexual orientation, only designed instructional plans about it, something opponents said does not occur anyway in the lower grades. Opponents have vowed a legal challenge. 

Bill Activity
In total, 20 education-related bills passed both chambers during the legislative session. These bills now await action by the Governor.
SB 0758 Education by Diaz
Education; Authorizing members of the Legislature to visit any public school in the legislative district of the member; creating the Charter School Review Commission within the Department of Education, subject to appropriation; requiring the department to contract with a college or university to provide administrative and technical assistance to the commission; authorizing the commission to solicit and review certain charter school applications; prohibiting a charter school from being subject to certain land use regulations if such regulations would not be required for certain public schools; establishing the Florida Institute for Charter Schools Innovation at Miami Dade College, subject to appropriation, etc. Effective Date: 7/1/2022

HB 1467 K-12 Education by Garrison
K-12 Education: Establishing term limits for school board members; deleting a requirement that district school boards maintain a specified list on their websites; requiring certain meetings relating to instructional materials to be noticed and open to the public; revising district school board requirements for the selection and adoption of certain materials, etc. Effective Date: July 1, 2022

HB 0007 Individual Freedom by Avila
Individual Freedom: Provides that subjecting individuals to specified concepts under certain circumstances constitutes discrimination based on race, color, sex, or national origin; revising requirements for required instruction on the history of African Americans; requiring the department to prepare and offer certain standards and curriculum; authorizing the department to seek input from a specified organization for certain purposes; prohibits instructional materials reviewers from recommending instructional materials that contain any matter that contradicts certain principles; requires DOE to review school district professional development systems for compliance with certain provisions of law. Effective Date: July 1, 2022

SB 1048 Student Assessments by Diaz
Student Assessments; Renaming “Next Generation Sunshine State Standards” as “state academic standards”; deleting provisions relating to the coordinated screening and progress monitoring program; providing that certain end-of-year comprehensive progress monitoring assessments are the statewide, standardized ELA and Mathematics assessments for certain students; requiring the coordinated screening and progress monitoring system to identify the educational strengths and needs of students; requiring 2022-2023 school and school district grades to serve as an informal baseline for schools and school districts; providing that school improvement ratings will not be calculated for the 2022-2023 school year, etc. Effective Date: Except as otherwise expressly provided in this act, and except for this section which shall take effect upon this act becoming a law, this act shall take effect July 1, 2022

SB 0236 Children with Developmental Delays by Jones
Children with Developmental Delays; Revising the definition of the term “exceptional student” to include additional students with developmental delays, etc. Effective Date: 7/1/2022

SB 1054 Financial Literacy Instruction in Public Schools by Hutson
Financial Literacy Instruction in Public Schools; Citing this act as the “Dorothy L. Hukill Financial Literacy Act”; revising the requirements regarding financial literacy for the Next Generation Sunshine State Standards; revising the required credits for a standard high school diploma to include one-half credit of instruction in personal financial literacy and money management and seven and one-half, rather than eight, credits in electives; modifying the requirements for the award of a standard high school diploma for Academically Challenging Curriculum to Enhance Learning options, etc. Effective Date: 7/1/2022

HB 1557 Parental Rights in Education by Harding
Parental Rights in Education: Requires district school boards to adopt procedures that comport with certain provisions of law for notifying student's parent of specified information; requires such procedures to reinforce fundamental right of parents to make decisions regarding upbringing & control of their children; prohibits school district from adopting procedures or student support forms that prohibit school district personnel from notifying parent about specified information or that encourage student to withhold from parent such information; prohibits school district personnel from discouraging or prohibiting parental notification & involvement in critical decisions affecting student's mental, emotional, or physical well-being; prohibits classroom discussion about sexual orientation or gender identity in certain grade levels; requires school districts to notify parents of healthcare services; authorizes parent to bring action against school district to obtain declaratory judgment; provides for additional award of injunctive relief, damages, & reasonable attorney fees & court costs to certain parents. Effective Date: July 1, 2022

SB 0706 School Concurrency by Perry
School Concurrency; Revising provisions specifying when school concurrency is deemed satisfied; requiring a district school board to notify a local government that capacity is available for development within a certain timeframe; specifying that proportionate-share mitigation must be set aside and not spent if an improvement has not been identified, etc. Effective Date: 7/1/2022

HB 0225 Charter School Charters by Hawkins
Charter School Charters: Revises provisions relating to consolidation of multiple charter into single charter, renewals, nonrenewals, & terminations of charters. Effective Date: July 1, 2022

SB 0896 Educator Certification Pathways for Veterans by Burgess
Educator Certification Pathways for Veterans; Authorizing the Department of Education to issue a temporary certificate to specified military servicemembers who meet certain criteria; requiring a teacher mentorship for specified military servicemembers who hold a temporary certificate; specifying the duration and issuance of a temporary certificate for specified military servicemembers, etc. Effective Date: 7/1/2022

SB 0638 Early Childhood Music Education Incentive Pilot Program by Perry
Early Childhood Music Education Incentive Pilot Program; Extending the expiration date of the Early Childhood Music Education Incentive Pilot Program, etc. Effective Date: Upon becoming a law

SB 0430 Interstate Compact on Educational Opportunity for Military Children by Wright
Requiring the President of the Senate and the Speaker of the House of Representatives to each appoint one member to the State Council on Interstate Educational Opportunity for Military Children, rather than appoint one member jointly; extending the scheduled repeal of the compact and related provisions, etc. Effective Date: Upon becoming a law

HB 0255 Private Instructional Personnel Providing Applied Behavior Analysis Services by Plasencia
Private Instructional Personnel Providing Applied Behavior Analysis Services: Revises definition of "private instructional personnel" to include certain registered behavior technicians; requires such technicians to meet specified requirements. Effective Date: July 1, 2022

HB 0899 Mental Health of Students by Hunschofsky
Mental Health of Students: Revises data DCF is required to analyze when creating its annual report on initiation of involuntary examinations; requires charter schools to be in compliance with involuntary reporting laws; requires DOE to share certain data with DCF; requires district school boards to designate mental health coordinator; revises requirements for plans relating to mental health assistance allocations. Effective Date: July 1, 2022

HB 0045 Educational Opportunities for Disabled Veterans by Morales
Educational Opportunities for Disabled Veterans: Provides that disabled veterans receiving certain federal educational assistance benefits are eligible to receive waiver for tuition & fees at certain institutions; provides calculation for waiver amount; requires amount awarded by state to be contingent on application of specified federal benefits; requires institutions to submit annual report to Board of Governors & State Board of Education; requires boards to adopt regulations & rules. Effective Date: July 1, 2022

HB 0235 Restraint of Students with Disabilities in Public Schools by Plasencia
Restraint of Students with Disabilities in Public Schools: Prohibits school personnel from using mechanical restraint on students with disabilities. Effective Date: July 1, 2022

HB 1421 School Safety by Hawkins
School Safety: Revises provisions relating to Marjory Stoneman Douglas High School Public Safety Commission, FortifyFL, Commissioner of Education oversight of enforcement of school safety and security requirements, Office of Safe Schools, certain emergency drills, family reunification plans, threat assessment teams, safe-school officers, DOE responsibilities, & Florida Safe Schools Assessment Tool. Effective Date: July 1, 2022

HB 0777 Local Tax Referenda Requirements by Robinson (W)
Requires referenda elections related to tourist development taxes, tourist impact taxes, children's services & independent special district property taxes, increases in county & municipal ad valorem tax millages, ninth-cent fuel tax, local option fuel taxes, & certain school district millage elections to be held on day of general elections. Effective Date: October 1, 2022

HB 0395 Victims of Communism Day by Borrero
"Victims of Communism Day": Requires Governor to proclaim November 7 of each year as "Victims of Communism Day"; requires day to be observed in public schools & by public exercise; requires day other than November 7 to be observed by public schools under specified circumstance; requires high school students to receive specified instruction; requires SBE to adopt specified revised social studies standards. Effective Date: upon becoming a law

HB 0173 Care of Students with Epilepsy or Seizure Disorders by Duran
Requires school to provide epilepsy or seizure disorder care to student; provides for creation & implementation of individualized seizure action plan for students with epilepsy or seizure disorders to receive health care at school; provides requirements for DOE, schools, school nurses & certain other school employees, & such plans. Effective Date: July 1, 2022