General Information - Orange County Public Schools



General InformationLegislative Session, March 4-8, 2019. This report contains pertinent information presented and discussed during the first week of the regular 2019 legislative session. Both the House and Senate held meetings in both chambers, which consisted of legislative bills and member projects. In Gov. DeSantis’s state of the state address he renewed his commitment to replacing common core, changing the Best & Brightest teacher bonus program and expanding the vouchers for low-income families.? Speaker of the House, Jose Oliva echoed the commitment to expanding choice opportunities for parents and students but also made a commitment to raising per student funding and teacher pay.? Senate President, Bill Galvano did not address any specific policy area in his brief remarks but he did say, “We will work together as a Senate with the measure, deliberation, and decorum that is necessary to achieve the best policy.”? Below you will find the education-related bills that were head in committee the first week of the legislative session.?SenateSenate Education Committee – Chair Senator Manny DiazSB 190 by Sen. Stargel related to EducationThe bill amends s. 1009.215, F.S., relating to Bright Futures Scholarship. Students enrolled in the pilot program are eligible to receive the scholarship for attendance during the spring and summer terms. This student cohort is also eligible to receive the scholarship during the fall term that may be used for off-campus or online coursework, if scholarship funding is provided by the Legislature for three terms for other eligible students during that academic year.?The bill amends s. 1009.215, F.S., relating to Bright Futures Scholarship. Students enrolled in the pilot program are eligible to receive the scholarship for attendance during the spring and summer terms. This student cohort is also eligible to receive the scholarship during the fall term that may be used for off-campus or online coursework, if scholarship funding is provided by the Legislature for three terms for other eligible students during that academic year.?The bill amends s. 1009.531, F.S., relating to the Florida Bright Futures Scholarship Program and authorizes a student who earns a high school diploma from a Florida private school to be eligible for a scholarship. The bill also authorizes a student who graduates midyear to apply no later than December 31 rather than August 31 of the student’s graduation year to be evaluated to receive an award. The bill requires that a student graduating from high school in the 2012-2013 academic year and thereafter is eligible to receive an award for 5 years following high school graduation. The student may also reapply for up to 5 years rather than 2 year. For a student who enlists in the Armed Services after high school, the 5-year period begins upon the date of separation from active duty. For a student who is unable to accept an initial award due to a full-time religious or service obligation lasting at least 18 months which begins within 1 year after completion of high school, the 5-year period begins upon completion of the obligation.?The bill specifies that districts shall annually provide to each 11th and 12th grader a Bright Futures Scholarship Evaluation Report and Key. A student who is not eligible by the applicable deadlines may be allowed additional time to complete the requirements. A student, who completes the requirements by December 31, must receive the award for the full academic year, including the fall term. The bill specifies the required examination scores for the SAT and ACT for students graduating in the 2018-2019 and 2019-2020 academic year. Thereafter, a student must achieve the required scores published by the department. The bill specifies the process of establishing the required scores and establishes thresholds based on national percentile scores on the Act and the required ACT scores must be concordant to the required SAT scores.?The bill amends s. 1009.532, F.S.,?relating to the Florida Bright Futures Scholarship Program to provide conforming language and delete obsolete language. The bill provides that a student who receives an award and is subsequently ineligible due to an updated grade or hour information may not receive a disbursement for a subsequent term, unless the student successfully restores the award.?The bill amends s. 1009.536, F.S., relating to the Florida Gold Seal Vocational Scholars and Florida Gold Seal CAPE Scholars awards to provide conforming language and delete obsolete language.?The bill amends s. 1011.62, F.S.,?relating to funds for operation of schools. The Federally Connected Student Supplement language is modified and the language requiring recalculation and proration is removed. The Safe Schools Allocation is amended to modify the calculation so that one-third is allocated to districts based on the Crime Index and two-thirds is allocated based on the proportionate share of UWFTE. The language requiring the additional funds appropriated in 2018-2019 to be used for SROs is repealed. The Funding Compression Allocation becomes permanent in that the sunset provision is repealed.?The bill amends s. 1011.80, F.S.,?relating to funds for operation of workforce education programs. The funding cap of $15 million for industry certifications earned by students is removed.?The bill amends s. 1011.81, F.S.,?relating to the Florida College System Program Fund. The $15 million funding cap for industry certifications earned by students is removed.?The bill passed the Senate Education Committee favorably.?SB 7070 by Education Committee related to EducationPlease see attachment labeled,?“SB 7070 Summary”.?The bill passed the Senate Education Committee favorably.?SB 1198 by Sen. Stargel related to School Board Fiscal TransparencyPlease see attachment labeled,?“SB 1198 Summary”?Senate Community Affairs Committee?– Chair Senator Anitere FloresSB 144 by Sen. Gruters related to Impact FeesThe bill requires that the collection of an impact fee occur no earlier than the issuance of a property’s building permit. The bill also codifies the ‘dual rational nexus test’ for impact fees as articulated in case law. This test requires an impact fee to have a reasonable connection, or rational nexus, between:the proposed new development and the need and the impact of additional capital facilities and,he expenditure of funds and the benefits accrued to the proposed new development?Additional conditions of the bill include earmarking impact fee funds for capital facilities that benefit new residents and prohibiting the use of impact fee revenues to pay existing debt unless specific conditions are met. The bill deems that certain statutory provisions related to impact fees do not apply to water and sewer connection fees.?The bill passed the Senate Community Affairs Committee favorably.?SB 7014 by Governmental Oversight and Accountability related to Government AccountabilityThe committee substitute to the bill amends various statutes to enhance government accountability and auditing processes based on recommendations noted in recent reports by the Auditor General.?The bill authorizes the Governor or his or her designee, and the Commissioner of Education or his or her designee, to notify the Joint Legislative Auditing Committee that a local governmental entity, district school board, charter school, or charter technical career center has failed to comply with applicable auditing, financial reporting, bond issuance notification, or bond verification provisions or failed to disclose a financial emergency or provide information required during a financial emergency. Upon such notification the Joint Legislative Auditing Committee may consider whether the entity should be subject to further state action.?The bill revises the definition of the term “financial audit” and to define the terms abuse, fraud, and waste. These newly defined terms are related to the internal controls various government entities must establish and maintain to prevent and detect fraud, waste, and abuse. The bill expands the list of entities that must be included in the Auditor General report concerning entities that fail to comply with transparency requirements in s. 11.45, F.S., to include all local governmental entities rather than just the water management districts.?The bill expands the activities that are punishable as a crime to include willful failure or refusal to provide the Auditor General access to an employee, officer, or agent of an entity as a first-degree misdemeanor.?The bill amends several statutes to require state agencies, the judicial branch, local governmental entities, charter schools, school districts, Florida College System institutions, state universities, etc. to establish and maintain internal controls designed to:Prevent and detect fraud, waste, and abuse, as defined in s. 11.45(1), F.S.;Promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practicesSupport economical and efficient operations;Ensure reliability of financial records and reports; andSafeguard assets.?The bill amends s. 1001.42, F.S.,?(Powers and duties of school boards) to specify that internal controls designed to prevent and detect fraud, waste, and abuse meet the definition provided in s. 11.45(1), F.S.?The bill allows the Auditor General to review the threshold amount for requiring audits periodically rather than every two years; however, the term “periodically” is not defined. This section also authorizes the Auditor General to recommend in its annual report to the Legislature a statutory change to revise the threshold amount.?The bill requires the Florida Virtual School to have an annual financial audit of its accounts and records conducted by an independent auditor who is a licensed certified public accountant. The independent auditor must conduct the audit in accordance with rules adopted by the Auditor General and must prepare an audit report in accordance with such rules. The audit report must include a written statement by the board of trustees describing corrective action to be taken in response to each of the independent auditor’s recommendations. The independent auditor must submit the audit report to the board of trustees and the Auditor General no later than nine months after the end of the preceding fiscal year.?The bill passed the Senate Community Affairs Committee favorably as a committee substitute.?SB 344 by Sen. Diaz related to Homestead Assessments /Prohibition on IncreasesThe Senate Joint Resolution proposes an amendment to the Florida Constitution to prohibit increases in the assessed value of homestead property for school district levy purposes to a person who is at least 65 years of age, has held legal or equitable title to the property, and has maintained permanent residence on the property for at least twenty-five years. It will require approval by a three-fifths vote of the membership of each house of the Legislature for passage. If adopted by the Legislature, the proposed amendment will be submitted to Florida’s electors for approval or rejection at the next general election in November 2020. If approved by at least 60 percent of the electors, the proposed amendment will take effect on January 1, 2021.?The bill passed the Senate Community Affairs Committee favorably as a committee substitute?SB 562 by Sen. Diaz related to Homestead ExemptionsThe bill is the implementing bill for CS/SJR 344 which proposes an amendment to the Florida Constitution to prohibit increases in the assessed value of homestead property for school district levy purposes to a person who is at least 65 years of age, has held legal or equitable title to the property, and has maintained permanent residence on the property for at least 25 years. The bill creates s. 193.626, F.S., to provide a homestead assessment limitation for school district levy purposes for a person 65 years or older. For purposes of school district levies, the assessed value of homestead property shall not increase above the assessed value on the January 1 immediately following the date the property owner becomes eligible. Eligible property owners are those who are at least 65 years old, have held legal or equitable title to the property and have maintained permanent residence on the property for at least 25 years. If title is held jointly with rights of survivorship, the person entitled to the assessment limitation may receive the entire assessment limitation.?The bill passed the Senate Community Affairs Committee favorably as a committee substitute.?Senate Committee Military and Veterans Affairs and Space – Senator Tom WrightSB 292 by Sen. Lee related to EducationThe bill protects the ability of a student who attends a public pre- K-12 educational institution to wear a military uniform to his or her graduation ceremony. Specifically, the bill prohibits a district school board from barring a student from lawfully wearing to his or her graduation ceremony a uniform of any of the Armed Forces of the state or of the United States.?The bill passed the Senate Committee on Military and Veterans Affairs and Space favorably as a committee substitute.?Senate Governmental Oversight and Accountability Committee – Chair Senator?Ed HooperThe bill amends s. 119.071(4)(d), F.S.,?which contains several public records exemptions for home addresses and various other information identifying specified agency personnel and their families. Current law provides an exemption from public disclosure for certain personal and location identification information, including home addresses, for various public employees, such as law enforcement officers, firefighters, judges, state attorneys, public defenders, and various investigators. However, the term “home addresses” is currently undefined and has been interpreted differently by the various custodians of the public records.?The bill defines the term “home addresses” to include various location information, including the physical address, the mailing address, the street address, the parcel identification number, the plot identification number, the legal description of the property, GPS coordinates, and other descriptive property information that may reveal the location of the residence. This definition only applies to the certain exemptions relating to public employees.?The bill also creates a new public records exemption for:home addresses;?telephone numbers;?dates of birth;?photographs of active or former civilian personnel employed by a law enforcement agency;names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; andnames and locations of schools and day care facilities attended by the children of such personnel.?The bill provides that those persons whose information is protected by the public records exemption may, in writing, request that information be released. The bill provides a statement of public necessity as required by the State Constitution. Current law repeals various exemptions and subjects those exemptions to the Open Government Sunset Review Act. The bill eliminates all currently scheduled repeals of those exemptions and repeals all exemptions codified in s. 119.071(4)(d) on October 2, 2024, subject to the Open Government Sunset Review Act.?The bill passed the Senate Governmental Oversight and Accountability Committee favorably as a committee substitute to a committee substitute.?Senate Judiciary Committee – Chair Senator David SimmonsSB 690 by Sen. (J) Rodriguez related to a Single Subject Limitation for the Taxation and Budget Reform CommissionThe Senate Joint Resolution limits any amendment to the Constitution proposed by the Taxation and Budget Reform Commission to “one subject and matter connected therewith.”?The bill passed the Senate Judiciary Committee favorably.?HouseHouse PreK-12 Innovation Subcommittee – Chair Representative Ralph MassulloPKI1 by PreK-12 Innovation related to Career EducationThe bill amends several provisions in statute to enhance career education. One of the purposes of the bill is to increase participation in apprenticeship and pre-apprenticeship programs, The bill requires the DOE to assist district school boards, FCS institution boards of trustees, program sponsors, and local workforce development boards in notifying students, parents, and community members of the availability of apprenticeship and pre-apprenticeship opportunities, including through the use of data provided in the Economic Security Report.?In addition to the “Academic Scholarship Signing Day,” the bill encourages school districts to declare a“College and Career Decision Day” to recognize high school seniors for their postsecondary education plans, i.e., the postsecondary institution he or she has been accepted to enroll; to encourage early preparation for college; and to encourage students to pursue advanced career pathways through the attainment of industry certifications. The bill also provides districts with flexibility on when to hold“Academic Scholarship Signing Day” by deleting the requirements that it occur on the third day of April.?The bill incentivizes school districts to enroll high school students in advanced career pathways through career dual enrollment programs by including career certificate clock hour dual enrollment in the acceleration component of the school grade calculation. By allowing completion of a career certificate clock hour course to count toward the school grades acceleration component, schools can be more responsive to student preferences by enrolling them in a career certificate clock hour dual enrollment education program that culminates in an industry certification after high school graduation or by enrolling them in a program that allows them to earn an industry certification before graduation.?In addition, the bill requires each district school board career center to enter into a career dual enrollment agreement with each high school in any school district it serves. The agreement must be completed annually and submitted by the center to the DOE by August 1. The agreement must include specific terms related to available courses and programs, equivalent high school course credits, student and parent outreach and enrollment, eligibility requirements, cost sharing, and the provision of transportation at no cost to students.?The bill reestablishes the planning course requirement for middle grades students but eliminates the requirement that the student and his or her parent sign the personalized education plan. The bill also requires the personalized plan to be revisable as the student moves through high school, to emphasize the importance of employability skills, and to inform students of pre-apprenticeship and apprenticeship programs.?The bill doubles the cap on CAPE Digital Tool Certificates that may be included on the Industry Certification Funding List from 15 to 30, thereby increasing the number of certificates available to students and providing additional opportunities for school districts to earn weighted FTE for elementary and middle school students who earn a certificate.?The bill allows a high school student who has earned an industry certification with a statewide college credit articulation agreement to earn up to two mathematics credits by successfully completing two full year courses in Algebra I. This means that the student would be able to meet all mathematics credit requirements by completing two credits in Algebra I, one credit in Geometry, and earning the industry certification. The bill specifies that a student may substitute one computer science credit for either one mathematics credit, excluding Algebra I and Geometry, or one science credit, excluding Biology I, without having to earn the associated industry certification for the computer science course. A computer science credit may not be used to substitute for both a mathematics credit and a science credit.?The bill also requires the SBE to determine at least biennially if sufficient academic standards are covered in career education courses to warrant the award of academic credit, including credit for Algebra I. The bill specifies that a student who earns credit for a career education course and course required for high school graduation still must:Take the statewide, standardized EOC assessment or grade-level assessment associated with the required course;Pass the statewide, standardized Algebra I EOC assessment; andPass the statewide, standardized grade 10 ELA assessment.?The bill revises the mathematics requirements to earn the Scholar high school diploma designation so that students, in lieu of earning a credit in Algebra II, can earn a credit in an equally rigorous course.?The bill was submitted as a committee bill and reported favorably by the PreK-12 InnovationSubcommittee. The proposal was filed as HB 7055.?House PreK-12 Quality Subcommittee – Chair Representative Byron DonaldsPKQ2 by PreK-12 Quality Subcommittee related to Teacher PreparationThe bill extends the timeframe a candidate may satisfy the General Knowledge Test (GKT) from one to three years, aligning the timeframe with the number of years in which a teacher-candidate may be employed pursuant to a temporary certificate. The bill requires the State Board of Education (SBE) to establish separate fees for each subtest of the GKT.?The bill increases the school district-operated mentorship program from one to two years. For districts that conduct a professional development program that includes a two-year mentorship program, the bill allows a district to waive the GKT requirement for candidates who: successfully complete the two-year mentorship program; receive a recommendation from his or her mentor and principal; and fail to earn the required passing scores on the GKT after receiving support from the school district.?The bill requires districts to implement guidelines for mentor programs to include:Best practices created and identified by the DOE for the mentors of first-time and for new teacher-support programs focus on the professional assistance needed by first-time teachers through the first two years, rather than the first year, of teaching.Policies based upon the DOE’s guidelines and published best practices and prehensive program of staff development established by each district school board to include support programs for first-time teachers.?The bill revises the criteria for continued teacher preparation program approval to include a survey of program completers’ satisfaction with preparation for the realities of the classroom and employers’ satisfaction with, and the programs’ responsiveness to, local school districts. Each Florida public and private institution must include surveys in their annual report regarding state-approved teacher preparation programs to the general public.?The bill revises the requirements for uniform core curricula for state-approved teacher preparation programs to include: Participant instruction and assessment in the Florida Educator Accomplished Practices across content areas, the use of state-adopted content standards to guide curriculum and instruction, strategies to differentiate instruction based on student need, and the use of character-based classroom management.?The bill requires that preservice field experience fully prepares a teacher-candidate to manage a classroom in a variety of challenging environments, including, but not limited to, high-poverty schools, urban schools, and rural schools and that teacher preparation programs include schools serving low achieving students in the selection of schools for preservice field experience.?The bill requires the DOE to develop a database that includes teacher induction and mentorship models and standards within the web-based statewide performance-support system.?The bill passed the House PreK-12 Quality Subcommittee favorably and was filed as HB 7061.?HB 195 by Rep. Daniels related to the Study of the Bible and ReligionThe bill requires school districts to offer high school-level courses that teach an objective study of religion and the Bible. The courses must be elective, and no student would be required to take a course.?For courses on the Bible, the bill requires districts to offer courses on:the Hebrew Scriptures and the Old Testament of the Bible;the New Testament of the Bible; andthe Hebrew Scriptures, the Old Testament of the Bible, and the New Testament of the Bible.?The bill does not allow districts or schools to require a student to use a specific translation of the Hebrew Scriptures or the Bible as the only text for the course.A course must follow all state and federal laws and guidelines regarding religious neutrality, and must accommodate the diverse religious views, traditions, and perspectives of all students in the school. The bill prohibits showing of hostility toward particular religions or religious perspectives.?The bill requires DOE to include the new elective courses in the Course Code Directory.?The bill passed the House PreK-12 Quality Subcommittee favorably.?HB 807 by Rep. Aloupis related to Civics EducationThe bill requires that all instructional materials for the civics education course required for middle school students be reviewed by the Florida Joint Center for Citizenship and approved by the Commissioner of Education.?The bill passed the House PreK-12 Quality Subcommittee favorably.?HB 913 by Rep. Daniels related to the Powers and Duties of District School BoardsThe bill requires that when a school district enters into collective bargaining with its employees, the district make available on the school district website the list of items that the parties are negotiating through collective bargaining. The information must be published at least 10 days before the first collective bargaining meeting.?The bill was?temporarily postponed?by the House PreK-12 Qualify Subcommittee.?House Local, Federal & Veterans Affairs Subcommittee – Chair Representative Bobby PayneHB 5 by Rep.? DiCeglie related the Local Tax ReferendaThe bill requires any referendum to levy a discretionary sales surtax to be held at a general election and requires approval by two-thirds of the electors voting on the ballot measure.?Upon adoption of an ordinance by a county or school district to hold a discretionary sales surtax referendum on or after January 1, 2020, the bill requires the county or school district holding a referendum to notify the Office of Program Policy Analysis and Government Accountability (OPPAGA) at least 180 days before the referendum is held. The bill declares void any discretionary sales surtax referendum if the county or school district fails to provide notice to OPPAGA or fails to publish the results of the performance audit.?If the proposal to adopt a discretionary sales surtax is by initiative, the bill requires the petition sponsor, at least 180 days before the proposed referendum, to:provide a copy of the proposed referendum to the governing body of the county for posting on the county’s website;notify OPPAGA of the proposed referendum; andfile the initiative petition, including the required signatures, with the supervisor of elections.?The bill provides that the failure of an initiative sponsor to comply with these requirements renders any referendum held void.?The bill passed the House Local, Federal & Veterans Affairs Subcommittee favorably.?HB 7013 by PreK-12 Quality Subcommittee related to the Interstate Compact on Educational Opportunity for Military ChildrenThe bill reenacts the Interstate Compact on Educational Opportunity for Military Children (Compact). The bill extends the authorization of the Interstate Compact on Educational Opportunity for Military Children from July 1st, 2019 to July 1st, 2022.?The bill passed the House Local, Federal & Veterans Affairs Subcommittee favorably.?The Senate companion, SB 212, has passed the full Senate and is in the House.?Health Quality Subcommittee – Chair Representative Colleen BurtonHB 23 by Rep. Yarborough related to TelehealthThe bill authorizes Florida licensed health care professionals to use telehealth to deliver health care services within their respective scopes of practice. The bill also authorizes out-of-state health care professionals to use telehealth to deliver health care services to Florida patients if they register with the Department of Health (DOH) or the applicable board, meet certain eligibility requirements, and pay a fee. A registered telehealth provider may use telehealth, within the relevant scope of practice established by Florida law and rule, to provide health care services to Florida patients, but is prohibited from opening an office in Florida and from providing in-person health care services to patients located in Florida.?The bill also establishes standards of practice for services provided using telehealth, including patient examination, record-keeping, and prohibition on prescribing controlled substances for chronic malignant pain. For tax years beginning on or after January 1, 2020, the bill creates a tax credit for health insurers and health maintenance organizations (HMOs) that cover services provided by telehealth. A tax credit, in the amount of one tenth of one percent of total insurance premiums received on certain accident or health insurance policies issued or delivered in Florida in the previous calendar year, may be applied against the incurred corporate income tax or insurance premium tax. The bill has a significant, negative fiscal impact on DOH and appropriates $261,389 in recurring and $15,020 in nonrecurring funds and authorizes four FTEs to implement the bill’s provisions. The bill’s tax credit will have a significant, negative fiscal impact on General Revenue. The bill has no fiscal impact on local government.?The bill passed the House Health Quality Subcommittee favorably?House Commerce Committee – Chair Representative Mike La RosaHB 207 by Rep. Donalds related to Impact FeesThe bill prohibits any local government from requiring payment of impact fees any time prior to issuing a building permit. The bill codifies the requirement for impact fees to bear a rational nexus both to the need for additional capital facilities and to the expenditure of funds collected and the benefits accruing to the new construction. Local governments will be required to designate the funds collected by the impact fees for acquiring, constructing, or improving the capital facilities to benefit the new users. Impact fees collected by a local government may not be used to pay existing debt or pay for prior approved projects unless such expenditure has a rational nexus to the impact generated by the new construction. The bill further excludes fees charged for connecting to water and sewer systems.?The bill passed the House Commerce Committee favorably as a committee substitute.?House Oversight, Transparency & Public Management Subcommittee – Chair Representative Scott PlakonHB 13 by Rep. Williamson related to Collective BargainingThe bill prohibits a public employee collective bargaining agreement entered into or renewed on or after July 1, 2019, from allowing a public employer to compensate a public employee or third party for employee organization activities or to provide compensated leave time specifically for employee organization activities, thereby prohibiting release time for public employees. The bill defines “employee organization activities” to mean activities that are performed by an employee organization or its members or representatives that relate to advocating the interests of member employees in wages, benefits, terms and conditions of employment, or the enforcement, fulfillment, or advancement of the organization’s organizational purposes, obligations, external relations, or internal policies and procedures. The bill specifies that it does not prohibit a public employee from using his or her compensated leave time for any purpose.?The bill passed the House Oversight, Transparency & Public Management Subcommittee favorably as a committee substitute.?House State Affairs Committee – Chair Representative Blaise IngogliaHB 53 by Rep. Byrd related to Single Subject Requirement for Revisions or Amendments to the ConstitutionThe joint resolution proposes an amendment to the Florida Constitution that, if approved by the voters, will require any proposed revision or amendment submitted by the Constitution Revision Commission or the Taxation and Budget Reform Commission to be limited to a single subject. This would prohibit the CRC or TBRC from bundling separate, unrelated issues into a single proposal for consideration by voters.?The bill passed the House State Affairs Committee favorably.?The second?week of the 2019 regular legislative session reconvenes on Monday, March 11.?I hope you find the information above helpful. If you have any questions or need additional information, please feel free to contact me at (407) 317-3200 ext. 2002966 or Eileen Fernandez, Associate General Counsel at (407) 317-3411 ext. 2002945.?? ................
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