2023 Florida Legislative Session Wrap-Up & Wins

Press releases

The 2023 Florida Legislative Session resulted in significant changes to the state’s education and charter school landscape. Lawmakers have long supported charter schools and educational choice in our state. Building on that momentum, and the charter schools’ track record of academic success, the FCSA advocacy team pursued essential funding and worked to correct inequities experienced by charter schools.

As the voice of the charter school movement, the FCSA’s mission is to support, collaborate with, advocate for, protect, and defend Florida charter schools. Our commitment to the charter school movement was particularly evident this legislative session. Our legislative priorities were developed using pre-session surveys, The input provided by charter school principals and governing board members formed our legislative priorities list and an action plan.  As a result, the FCSA and its advocacy partners secured major wins for our members and the Florida charter school movement.

The wins included: charter school Capital Outlay (HB 1259)  eligibility criteria, expedited reimbursement of federal grant funds to charter schools (HB 443), Teacher Apprenticeship Program – an alternative pathway for individuals to enter the teaching profession (HB 1035), creation of the Interstate Teacher Mobility Compact (HB 1125),  Expanded temporary teaching certification eligibility (HB 1537), and charter school governing board to adopt rules to allow for issuing an adjunct teaching certificate to any applicant who fulfills the certification requirements under the law and modifies charter capital outlay funding eligibility requirements (HB 1537).

As Governor DeSantis continues to act on the last of the bills passed this session, below is a list of education-related legislation that has been signed by Governor DeSantis that will go into effect July 1, 2023:

    •  HB 1 – Education (Ch.2023-16)
    • HB 19 – Individual Education Plans (Ch.2023-96)
    • SB 190 – Interscholastic Extracurricular Activities (Ch.2023-113)
    • SB 196 – Guidance Services on Academic and Career Planning (Ch.2023-89)
    • HB 225 – Interscholastic and Intrascholastic Activities (Ch.2023-97)
    • SB 240 – Education (Ch.2023-81)
    • HB 265 – High School Equivalency Diplomas (Ch.2023-98)
    • SB 290 – Public School Student Progression for Students with Disabilities (Ch.2023-91)
    • HB 301 – Emergency Response Mapping Data (Ch.2023-99)
    • HB 379 – Technology in K-12 Public Schools (Ch.2023-36)
    • HB 389 – Menstrual Hygiene Products in Public Schools (Ch.2023-100)
    • HB 411 – District School Board Elections (Ch.2023-101)
    • HB 443 – Education (Ch.2023-102)
    • HB 477 – Term Limits for District School Board Members (Ch.2023-37)
    • HB 543 – Public Safety (Ch.2023-18)
    • HB 551 – Required African-American Instruction (Ch.2023-103)
    • HB 633 – K-12 Education (Ch.2023-104)
    • HB 657 – Enforcement of School Zone Speed Limits (Ch.2023-174)
    • SB 662 – Student Online Personal Information Protection (Ch.2023-170)
    • HB 733 – Middle School and High School Start Times (Ch.2023-78)
    • SB 766 – Enforcement of School Bus Passing Infractions (Ch.2023-171)
    • HB 891 – Year-round School Pilot Program (Ch.2023-66)
    • HB 1035 – Teacher Training and Conduct (Ch.2023-38)
    • HB 1069 – Education (Ch.2023-105)
    • HB 1125 – Interstate Education Compacts (Ch.2023-165)
    • HB 1259 – Education (Ch.2023-69)
    • SB 1272 – Educational Grants (Ch.2023-93)
    • HB 1537 – Education (Ch.2023-39)
    • HB 1597 – Florida Virtual School (Ch.2023-73)
    • HB 7039 – Student Outcomes (Ch.2023-108)

 

Below is a list of K-12 education and/or charter school-related bills.  If you have questions about the bills listed here, please contact us.

SB 2500: Appropriations – Approved by Governor

Providing moneys for the annual period beginning July 1, 2023, and ending June 30, 2024, and supplemental appropriations for the period ending June 30, 2023, to pay salaries, and other expenses, capital outlay – buildings, and other improvements, and for other specified purposes of the various agencies of state government, etc.  Final Bill Version  

SB 2502: Implementing the 2023-2024 General Appropriations Act – Approved by Governor

GENERAL BILL by Appropriations

Implementing the 2023-2024 General Appropriations Act; Incorporating by reference certain calculations of the Florida Education Finance Program; revising requirements relating to the Voluntary Prekindergarten Education Program; authorizing the Agency for Health Care Administration to submit budget amendments seeking additional spending authority to implement specified programs and payments; revising the definition of the term “state Medicaid expenditures”; specifying how Department of the Lottery rules are to be adopted, except certain rules for 1 fiscal year regarding the commission for lottery ticket sales, etc.      Final Bill Version 

 

HB 1 – EducationApproved by Governor 

Revises provisions relating to Family Empowerment Scholarship Program, Florida Tax Credit Scholarship Program, part-time enrollment in public schools, transportation of students, graduations requirements, Commissioner of Education duties, & educator certifications. Effective Date: July 1, 2023

Link to Final Bill – Link to Final Staff Analysis

HB 19 – Individual Education Plans Approved by Governor 

This bill requires school districts to provide information and instruction to a student with disabilities and his or her parents on self-determination and the legal rights and responsibilities relating to educational decisions that transfer to the student upon turning 18. The information provided must include options for maintaining parental involvement in educational decision-making, as well as a Family Educational Rights and Privacy Act waiver, Powers of attorney, guardian advocacy, and guardianship.Link to Final BillLink to Final Staff Analysis

HB 31 – Partisan Elections for Members of District School Boards  

This joint resolution proposed an amendment to Section 4 of Article IX and the creation of a new section in Article XII of the State Constitution to require members of a district school board to be elected In a partisan election, meaning they would be required to declare a party affiliation to be elected. Floridians will vote upon it in the November 2024 election, and, if voted favorably, be applied to elections held on or after the November 2026 general election.Last Event: Ordered enrolled on April 19, 2023 Link to Final Bill – Link to Final Staff Analysis

SB 190 -Interscholastic Extracurricular Activities 

Authorizing charter school students and Florida Virtual School full-time students to participate in extracurricular activities at a private school under certain circumstances; authorizing charter school students to participate in interscholastic extracurricular activities at a private school under certain circumstances; authorizing charter school students and Florida Virtual School full-time program students to participate in interscholastic extracurricular activities at a private school under certain circumstances, etc.  Link to bill.  This bill amends a state statute that only permitted homeschooled students to participate in the extracurricular activities of private schools.

Last Event: Chapter No. 2023-113 on Thursday, May 25, 2023 9:58 AM

SB 196 – Guidance Services on Academic and Career Planning Approved by Governor 

Requiring district school boards to inform students and parents of certain acceleration, academic, and career planning options; requiring certain information to be included in such notification; requiring that certain information be included in a personalized academic and career plan, etc.

Link to Final BillLink to Final Staff Analysis

HB 225 – Interscholastic and Intrascholastic Activities Approved by Governor 

Provides for approval of athletic associations that meet certain requirements; provides requirements for such associations, SBE, & schools; provides private schools & traditional public schools are considered high schools for specified purposes; revises requirements for FHSAA; authorizes students to participate in interscholastic & intrascholastic activities; provides for opening remarks at sporting events & requirements for such remarks.  

Link to Final Bill – Link to Final Staff Analysis

SB 240 – Education – Approved by Governor

Incentivizes and promotes workforce education for students in grades 6-12. Districts will receive additional funding when students complete three courses in a CTE program of study. The legislation requires districts to offer high school students at least one work-based learning opportunity and allows controlled open enrollment for high school students seeking specific CTE programs. Link to Final Bill – Link to Final Staff Analysis

FLDOE Memo, September 1, 2023: District and Charter School Adjunct Teacher Certificates guidelinesSenate Bill 240 amends section 1012.57(1), F.S., to provide an additional way for educators to demonstrate expertise in the subject area. An applicant for an adjunct teaching certificate is considered to have expertise in the subject area to be taught if the applicant demonstrates sufficient subject area mastery through passage of a subject area test or has achieved an industry certification in the subject area to be taught.

 

SB 256 – Employee Organizations Representing Public Employees Approved by Governor

The bill changes public employer collective bargaining and imposes several new requirements on employee organizations representing public employees in collective bargaining, including public teachers’ unions. The bill prohibits certain employee organizations from receiving their member’s dues and assessments via salary deduction from the members’ public employer. It requires unions to allow members to revoke their membership in the organization at any time and without any reason. The bill requires the employee organization to be recertified as the bargaining agent if the number of employees paying dues to the employee organization is less than 60 percent. Effective date: Upon becoming law

HB 265 – High School Equivalency Diplomas Approved by Governor

Prohibits district school board from requiring certain students to take course before taking high school equivalency examination unless student failed to earn passing score on specified practice test.  Link to Final BillLink to Final Staff Analysis

SB 290 – Public School Student Progression for Students with Disabilities Approved by Governor

Requiring comprehensive plans for student progression to provide for specified students with disabilities to be retained in prekindergarten at the discretion of a student’s parent; authorizing certain prekindergarten students to receive instruction in early literacy skills, rather than intensive reading interventions; requiring certain prekindergarten students to receive such instruction, etc.   Link to Final Bill.   Link to Final Staff Analysis 

HB 301 Emergency Response Mapping Data Approved by Governor

The bill appropriates $14 million for this program. Districts may use emergency mapping data and procure a vendor to provide such data. The mapping data must be provided in an electronic or digital format to assist first responders in responding to school emergencies. Effective date: July 1, 2023

HB 379 – Technology in K-12 Public Schools Approved by Governor

Prohibiting the use of certain platforms on district-owned devices and through Internet access provided by the school district; authorizing teachers and other instructional personnel to designate an area for wireless communications during instructional time; requiring public schools to provide instruction on the social, emotional, and physical effects of social media, etc. Effective Date: 7/1/2023 Link to Final Bill  Link to Final Staff Analysis

HB 389 – Menstrual Hygiene Products Approved by Governor

The bill provides that school districts may make menstrual hygiene products available in each school within the district at no charge. Each participating school ensures that students are provided appropriate notice regarding the availability and location of the menstrual hygiene products. Participating school districts are encouraged to partner with nonprofit organizations, nongovernmental organizations, businesses, and other organizations to assist in supplying and maintaining menstrual hygiene products. Effective date: July 1, 2023. Final Bill Analysis.

HB 443 – Education Approved by Governor

  • authorizing certain charter schools to use specified assets for certain other charter schools through an unforgivable loan with specified terms; requiring charter school sponsors to timely review and reimburse specified grant funds
  • requiring such funds to be reimbursed within a specified period
  • requires a charter school sponsor to timely review and reimburse federal grant funds to a charter school within 60 calendar days from the date of submission, if the submission provides all the necessary information to qualify for reimbursement. A sponsor who does not reimburse within the 60 calendar days is required to pay interest to the charter school.
  • requires charter schools that limit enrollment to place a student not meeting academic standards on a progress monitoring plan for at least one semester before dismissing the student from the school
  • requiring charter school sponsors to provide specified training and a certain report to it charter schools
  • expands eligibility for the Florida Teacher Classroom Supply Assistance Program.
  • expands the adjunct teaching certificate from 3 to 5 years.
  • requires public school cafeterias to hang a poster with step-by-step instructions on how to provide emergency first aid for choking on conscious individuals.

Effective date: July 1, 2023. Link to Final Bill,      Link to Final Staff Analysis

FLDOE Memo, September 1, 2023: District and Charter School Adjunct Teacher Certificates guidelinesHouse Bill 443 amends section 1012.57(4) F.S., to change the validity period of an adjunct teaching certificate for a full-time teaching position from three years to five years (nonrenewable).

HB 477 – Term Limits for District School Board Members Approved by Governor

 Revises term limits for district school board members. Effective Date: 7/1/2023.  Link to Final Bill.   Link to Final Staff Analysis

SB 478 – Early Childhood Music Education Incentive Program Approved by Governor

Renaming the Early Childhood Music Education Incentive Pilot Program as the Early Childhood Music Education Incentive Program; revising criteria for a school district’s eligibility to participate in the program; deleting an obsolete provision requiring the University of Florida’s College of Education to conduct a specified evaluation, etc.  Link to Final Bill.     Link to Final Staff Analysis

HB 543 – Public Safety Approved by Governor

Requires the Department of Education to implement new behavioral threat management operational processes, a threat assessment instrument, and threat management portal. It updates the membership and responsibilities of threat assessment teams. It authorizes private schools to implement safe-school officers. It requires DOE to adopt emergency rules establishing which school environmental safety incident reporting incidents require referral to law enforcement. Finally, it creates the Florida Safe Schools Canine Program and requires all law enforcement agencies to adopt a written active assailant response policy.

HB 551 – Required African American Instruction Approved by Governor

The bill requires school districts to provide evidence that requirements relating to the instruction of African American history are being met; allows the Department of Education to seek input from and contract with the state or nationally recognized African American educational organizations to support curriculum on the history of African Americans. School districts must submit to the Commissioner of Education  and post an implementation plan for required instruction topics on their website, including professional qualifications of instructional personnel and a description of instructional materials for each grade level. Effective date: July 1, 2023. Link to bill.

HB 633 – K-12 Education Approved by Governor  

Removes specified reduction calculation for certain school district funding for school districts that fail to meet certain class size requirements; provides that certain dependent children of active duty military personnel must be enrolled in certain programs; & authorizes certain students of military personnel to enroll in any school within state.  Link to Final Bill.   Link to Final Staff Analysis

SB 662 – Student Online Personal Information Protection 

Prohibiting operators from knowingly engaging in specified activities relating to students’ covered information; providing circumstances under which an operator may disclose students’ covered information; providing construction; providing for enforcement under the Florida Deceptive and Unfair Trade Practices Act; providing that the Department of Legal Affairs is the sole entity authorized to bring specified actions, etc. 

Last Action: 05/16/23 Signed by Officers and presented to Governor on Tuesday, May 16, 2023.  Link to Final Bill

HB 733 – Middle School and High School Start Times Approved by Governor

Provides requirements for middle school & high school start times; provides district school board requirements; requires charter schools to meet requirements relating to middle school & high school start times. Effective: 2026-27 school year. Link to Final Bill.  Link to Final Staff Analysis

HB 795 Private Instructional Personnel  

The bill broadens the list of registered behavior technicians allowed to provide applied behavior analysis services in a public school by eliminating the requirement for employment by an enrolled Medicaid provider.  Effective date: July 1, 2023. Link to Bill.

Governor’s Action: Ordered enrolled on Tuesday, May 2, 2023

HB 891 – Year round School Pilot Program Approved by Governor

The program is established for four years and requires the Department of Education (DOE) to assist school districts in establishing a year-round school program within at least one elementary school in the district. The bill allows school districts to apply for the pilot program and specifies that the Commissioner of Education (commissioner) must select five school districts to participate in the pilot program. The selected schools, to the extent possible, should represent a variety of demographics, including, but not limited to, an urban, a suburban, and a rural school district. The bill requires a school district enrolled in the pilot program to implement a single or multi-track schedule and provide specific data to the DOE to assess the benefits of a year-round program along with an evaluation of barriers to implementation.  Effective date: July 1, 2023.  Link to the Bill.

HB 1035 – Teacher Training and Conduct Approved by Governor

Requires the Commissioner of Education to conduct a comprehensive review of all federal, state, and local teacher training requirements by December 31, 2023. The commissioner must identify any duplicate training requirements and eliminate such requirements and make recommendations to the legislature for eliminating training requirements in state law, rule, or district policy. The bill allows the Department of Education Inspector General to investigate allegations or reports of suspected violations of a student’s, parent’s, or teacher’s rights.

The bill creates the Dual Enrollment Educator Scholarship program to assist public high school teachers in obtaining the graduate degree and credentials necessary to provide dual enrollment coursework directly to students on their campus. The bill creates the Teacher Apprenticeship Program to create an alternative pathway for individuals to enter the teaching profession. It also creates a temporary apprenticeship certificate. The bill waives examination and certification fees for first responders. The bill creates the Heroes in the Classroom Bonus Program to provide a one-time sign-on bonus to retired first responders and veterans who become full-time classroom teachers.

Finally, the bill creates the “Teachers Bill of Rights.” It establishes a clear set of rights regarding their profession in the classroom. Those rights outlined include: the rights of employment, the right to continuing education, the right to control the classroom, and the right to direct classroom instruction Effective date: July 1, 2023. Link to the bill.

HB 1069 – Education Approved by Governor

Defines “sex” for Florida Early Learning-20 Education Code; provides requirements relating to titles & pronouns; revises provisions relating to instruction & materials for specified instruction relating to reproductive health; provides additional requirements for instruction regarding human sexuality; provides district school boards are responsible for materials used in classroom libraries; revises provisions relating to objections of certain materials & process related to such objections; revises school principal, school district & district school board duties & responsibilities relating to certain materials & processes.  Link to Final Bill.    Link to Final Staff Analysis

HB 1125 – Interstate Education Compacts – Approved by Governor

This bill creates the Interstate Teacher Mobility Compact (ITMC). Under the ITMC, a teacher certified in one member state is entitled to receive the closest equivalent certification in another by simply presenting their originating state’s certification and passing any background screening requirements. Once ten states have ratified the ITMC, it becomes effective, at which time the designated commissioner of each member state will coordinate the implementation of the policies and procedures necessary to effectuate the ITMC. Effective date: July 1, 2023 Link to Bill.

HB 1259 – Capital Outlay – Approved by Governor

Revises charter school eligibility & ineligibility criteria to receive capital outlay funds.  The bill clarifies that charter school capital outlay funding shall consist of state funds, when such funds are appropriated in the GAA, and revenue resulting from the discretionary 1.5 millage and removes the state funding threshold and revises the calculation methodology for the Department of Education (DOE) to use to allocate state funds to eligible charter schools. It establishes a 5-year glide path for implementation and clarifies that the calculation of school district enrollment for purposes of calculating proportionate share of school capital outlay surtax shall be based on capital outlay full-time equivalent (FTE) enrollment. The bill requires charter schools to attest in writing that unencumbered funds and all equipment and property purchased with district public funds will revert to the school district if the charter school is nonrenewed or terminated.

Link to Final Bill: https://www.flsenate.gov/Session/Bill/2023/1259/BillText/er/PDF

Link to Final Staff Analysis: https://www.flsenate.gov/Session/Bill/2023/1259/Analyses/h1259e.APC.PDF

HB 1521 – Facility Requirements Based on Sex – Approved by Governor

Provides requirements for exclusive use of restrooms & changing facilities by gender; prohibits willfully entering restroom or changing facility designated for opposite sex & refusing to depart when asked to do so; provides requirements for exclusive use of domestic violence centers by gender; provides requirements for correctional institutions; requires entities that receive state licenses to submit compliance documentation; authorizes AG to bring enforcement actions provides exception for individuals born with certain genetically or biochemically verifiable disorder of sex development.

Link to Final Bill: https://www.flsenate.gov/Session/Bill/2023/1521/BillText/er/PDF

Link to Final Staff Analysis: https://www.flsenate.gov/Session/Bill/2023/1521/Analyses/h1521c.COM.PDF

HB 1537 –  Supporting New and Aspiring Teachers Approved by Governor

The bill defines the requirements for professional learning and requires the Department of Education (DOE) to create a high-quality programs web-based marketplace. The bill protects administrators’ responsibility to visit and observe classroom teachers throughout the year. The bill extends temporary teaching certificates from 3 to 5 years and limits the certificate to a one-time, nonrenewable issuance. The bill expands temporary certification eligibility to candidates currently enrolled in state-approved teacher preparation programs and who meet certain requirements.

FLDOE Memo, September 1, 2023: District and Charter School Adjunct Teacher Certificates guidelinesHouse Bill 1537 amends section 1012.57(1), F.S., to require charter school governing boards to adopt rules to allow for the issuance of adjunct teaching certificates to qualified applicants.

The bill requires instruction on Asian American and Pacific Islander history with specified topics; replaces one practical arts credit with one career and technical education credit; and adds measures to the school grades formula. The bill makes September 11th to be “9/11 Heroes Day” and requires public schools to honor those who perished in the 9/11 attacks. It outlines that day’s instructional requirements for middle and high school students.

The bill requires each school district to annually review and confirm that all reproductive health and disease information, including instructional materials, parental exemption process and form, and associated links on the district school board website, are accurate and current.

The bill authorizes school districts to select the Classic Learning Test (CLT) for an annual districtwide administration for certain students. In addition, it allows students to earn a concordant score on the CLT to meet the initial eligibility requirements for the Bright Futures Scholarship Program (Bright Futures).

The bill allows Bright Futures students to combine volunteer and paid work hours to meet initial eligibility requirements. The bill provides retroactive authority for students to include paid work completed on or after June 27, 2022, in the student’s total of required paid work hours.

The bill provides new concordant scores for students graduating this year and returns the standards to the current requirements for students who entered 9th grade in the 2020-2021 school year:

To satisfy the Grade 10 English Language Arts Assessment, a student may earn the following:

  • 430 on the SAT Evidence-Based Reading and Writing section
  • 24 on the SAT Reading Subset section
  • 19 on the ACT Reading section

To satisfy the Algebra 1 end-of-course exam (EOC), a student may earn the following:

  • 114 on the PERT mathematics section
  • 420 on the SAT mathematics section
  • 16 on the ACT mathematics section
  • 3 on the Geometry EOC

The bill authorizes additional enforcement mechanisms for the Commission for Independent Education (commission) at the DOE. It expands fair consumer practices and minimum standards for licensure of private, postsecondary institutions under the commission’s jurisdiction. The bill authorizes a charter school governing board to adopt rules to allow for issuing an adjunct teaching certificate to any applicant who fulfills the certification requirements under the law and modifies charter capital outlay funding eligibility requirements.

The bill creates the year-round school pilot program, established for a period of four years.

The bill appropriates $1 million in nonrecurring funds for bleeding control kits to be provided to public schools. It also appropriates $5.8 million for a statewide transparency tool to support implementing instructional and library requirements.

APPROPRIATION: $6,800,000.  Link to Final Bill   Link to Final Staff Analysis

HB 1597 – Florida Virtual School – Approved by Governor

Provides flexibility in administration for specified assessments for FLVS full-time students of military families residing outside this state; provides requirements for such students, FLVS, and DOE.

Link to Final Bill: https://www.flsenate.gov/Session/Bill/2023/1597/BillText/er/PDF

Link to Final Staff Analysis: https://www.flsenate.gov/Session/Bill/2023/1597/Analyses/h1597b.EEC.PDF

SB 7022 – Safe-schools Approved by Governor

Amending a provision that provides an exemption from public meetings requirements for any portion of a meeting of the Marjory Stoneman Douglas High School Safety Commission at which exempt or confidential and exempt information is discussed; removing the scheduled repeal of the exemption; amending a provision relating to an exemption from public records requirements for information held by specified entities which could identify a safe-school officer; removing the scheduled repeal of the exemption, etc. Effective Date: 10/1/2023

Link to Final Bill: https://www.flsenate.gov/Session/Bill/2023/7022/BillText/er/PDF

Link to Final Staff Analysis: https://www.flsenate.gov/Session/Bill/2023/7022/Analyses/2023s07022.rc.PDF

HB 7025Public Records/Safe School Officers – Approved by Governor

Approved by Governor; Chapter No. 2023-19 – Provides public records exemption for information pertaining to the safe-school officer at private school; provides for future legislative review & repeal of exemption; provides a statement of public necessity. Effective Date: July 1, 2023 Link to Final Bill

HB 7039 – Student Outcomes – Approved by Governor

Revises provisions relating to instructional materials, programs & strategies, reading interventions & programs, New Worlds Reading Scholarship Accounts, specified FEFP funding, & students with educational deficiencies. APPROPRIATION: $158,000,000 Effective Date: 7/1/2023

Link to Final Bill: https://www.flsenate.gov/Session/Bill/2023/7039/BillText/er/PDF

Link to Final Staff Analysis: https://www.flsenate.gov/Session/Bill/2023/7039/Analyses/h7039c.EEC.PDF

 

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