HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 429 Purple Star Campuses
SPONSOR(S): Education & Employment Committee, Local Administration & Veterans Affairs Subcommittee,
Secondary Education & Career Development Subcommittee, Learned. Maney and others
TIED BILLS: None IDEN./SIM. BILLS: CS/SB 938
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Secondary Education & Career Development 16 Y, 0 N, As CS Wolff Sanchez
Subcommittee
2) Local Administration & Veterans Affairs 15 Y, 0 N, As CS Renner Miller
Subcommittee
3) Education & Employment Committee 19 Y, 0 N, As CS Wolff Hassell
SUMMARY ANALYSIS
Students from military families experience academic and social-emotional challenges as they relocate to new
schools due to a parent’s change in duty station. In order to assist students from military families with this
transition, the bill requires the Department of Education (DOE) to establish a Purple Star Campus Program
(program) that identifies schools that support military-connected children, including public schools, charter
schools, and schools participating in the Florida educational choice scholarship program.
Under the program, schools will be recognized as Purple Star Campuses if they meet the following
requirements:
Designate a staff member as a military liaison;
Maintain a webpage on the school’s website which includes resources for military students and
families;
Maintain a student-led transition program to assist military students in transitioning into the school;
Offer professional development training opportunities for staff members on issues relating to military
students; and
Reserve at least five percent of open enrollment seats for military-connected students.
The DOE is authorized to establish additional criteria to identify schools that demonstrate a commitment to or
provide critical transition supports for military-connected families.
The bill authorizes a school to partner with a school district to procure digital, professional development, or
other assistance necessary to implement the criteria of the program.
The bill requires the State Board of Education to adopt rules to implement the program.
The bill has an indeterminate fiscal impact on local governments and no fiscal impact on the state.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/15/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Military Personnel and Families
There are over 3.5 million United States military personnel located worldwide.1 A total of 1.2 million
active duty2 service members are assigned throughout all 50 states and the District of Columbia. More
than half of the military members stationed stateside reside in California, Virginia, Texas, North
Carolina, Georgia, and Florida.3
Over 800,000 select reserve component members4 are assigned throughout the 50 states and the
District of Columbia. Almost half of the reserve members are assigned to California, Texas, Florida,
Pennsylvania, New York, Ohio, Georgia, Virginia, Illinois, and North Carolina.5
Approximately 38 percent of all active duty service members have children.6
Florida is home to 20 military installations,7 65,267 military personnel,8 and over 52,000 children
(newborn through age 19) of military personnel.9
Interstate Compact on Educational Opportunity for Military Children
Florida joined the Interstate Compact on Educational Opportunity for Military Children (Interstate
Compact) in 2008.10 Currently, all 50 states are members of the Interstate Compact.11 The purpose of
the Interstate Compact is to remove barriers to educational success imposed on students from military
families due to frequent moves and deployment of their parents.12 To accomplish this purpose, current
law provides for:
Prioritizing students from military families in the controlled open enrollment process;13
Providing an exception to restrictions on participation in extracurricular activities for students
from military families;14
Establishing memoranda of understanding between school districts and military installations;15
1 Department of Defense, 2019 Demographics, Profile of the Military Community, p. iii (2019),
https://download.militaryonesource.mil/12038/MOS/Reports/2019-demographics-report.pdf (last visited March 25, 2021).
2
The term “active duty” means full time duty in the active military service and includes full-time training, annual training duty, and
attendance. 10 U.S.C. s. 101.
3 Department of Defense, 2019 Demographics, Profile of the Military Community, p. iv (2019),
https://download.militaryonesource.mil/12038/MOS/Reports/2019-demographics-report.pdf (last visited March 25, 2021).
4 The reserve components of the armed forces include the Army National Guard, Army Reserve, Navy Reserve, Marine Corps
Reserve, Air National Guard, Air Force Reserve, and the Coast Guard Reserve. 10 U.S.C., s. 10101.
5 Department of Defense, 2019 Demographics, Profile of the Military Community, p. v (2019),
https://download.militaryonesource.mil/12038/MOS/Reports/2019-demographics-report.pdf (last visited March 25, 2021).
6 Id. at 122.
7
Enterprise Florida, Florida’s Military Profile, https://www.enterpriseflorida.com/wp-content/uploads/Military_Install_Map.pdf (last
visited March 24, 2021).
8
Florida Defense Support Task Force, Florida Defense Factbook Quick Comparison (2020), https://www.enterpriseflorida.com/wp-
content/uploads/FactBook-Quick-Comparison-Flier-2020.pdf (last visited March 24, 2021).
9
Department of Defense, 2019 Demographics, Profile of the Military Community, p. 176-177 (2019),
https://download.militaryonesource.mil/12038/MOS/Reports/2019-demographics-report.pdf (last visited March 25, 2021).
10
Ch. 2008-225, Laws of Fla.
11
Military Interstate Children’s Compact Commission, Interactive Map, https://mic3.net/interactive-map/ (last visited March 24,
2021).
12
Id.
13
S. 1002.31, F.S.
14
S. 1006.15(3)(h) and (9)(b), F.S.
15
S. 1003.05(2), F.S.
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Providing for students from military families who are otherwise eligible for special academic
programs at any school in the district school to receive first preference for admission;16 and
Pending a transfer to a military installation within the school district, considering students from
military families as residents of that county for purposes of enrollment.17
Other Educational Benefits
The federally connected student supplement provides supplemental funding, through the Florida
Education Finance Program, for school districts to support the education of students connected with
federally owned military installations, National Aeronautics and Space Administration (NASA) property,
and Native American sovereignty lands. Districts must be eligible for federal Impact Aid Program funds
under s. 7003 of Title VIII of the Elementary and Secondary Education Act of 1965 to qualify.18 The
student allocation is calculated based on the number of students reported for federal Impact Aid
Program funding, including students with disabilities, who meet one of the following criteria:
Students with parents who either are on active duty in military service of the United States or
are an accredited foreign government official and military officer.
Students residing on eligible federally owned Native American sovereignty land.
Students residing with a civilian parent who lives or works on eligible federal property connected
with a military installation or NASA.19
Florida provides other educational benefits to military children, including:
Accepting military permanent change of station orders that relocate a military family to any
military installation within the state as proof of Florida residency.20
Accepting exit or end-of-course exams required for graduation from a sending state.21
Providing preferential treatment to dependent children of active duty military personnel who
moved as a result of military orders in a school’s controlled open enrollment process.22
Purple Star School Program
The Purple Star School Program (program) is designed to support students from military families as
they relocate to new schools due to a parent’s change in duty station.23 As of September 2020, nine
states have implemented Purple Star School programs: Texas, Tennessee, Virginia, Ohio, Arkansas,
South Carolina, North Carolina, Georgia, and Indiana.24
The program requires that a school:25
Designate a staff point of contact for military families;
Establish and maintain a dedicated page on the school’s website featuring information and
resources for military families;
16
S. 1003.05(3), F.S. For the purposes of this section, special academic programs include magnet schools, advanced studies programs,
advanced placement, dual enrollment, Advanced International Certificate Educations, and International Baccalaureate.
17
S. 1003.05(4), F.S.
18
S. 1011.62(13), F.S. Generally, a school district will be eligible for Impact Aid Program funds if it educates at least 400 federally
connected children or if federally connected children comprise at least 3 percent of the school district’s student body, with both figures
being calculated on average daily attendance. 20 U.S.C. s. 7703(b).
19
Id.
20
S. 1003.05, F.S.
21
S. 1000.36, F.S.
22
S. 1002.31(2)(c)1., F.S.
23
Military Child Education Coalition, Purple Star Schools, https://www.militarychild.org/purplestarschools (last visited March 23,
2021).
24
Military Child Education Coalition, Issue Paper Purple Star School Designation Program, available at
https://www.militarychild.org/upload/images/Purple%20Star%20Schools/MCEC_issue_paper_PSS_9_10.2020.pdf (last visited March
23, 2021).
25
Id.
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Create a student-led transition program; and
Provide professional development for additional staff on special considerations for military
families.
State Agency Rulemaking Authority
A rule is an agency statement of general applicability interpreting, implementing, or prescribing law or
policy, including the procedure and practice requirements of an agency, as well as certain types of
forms.26 The effect of an agency statement determines whether it meets the statutory definition of a
rule, regardless of how the agency characterizes the statement.27 If an agency statement generally
requires compliance, creates certain rights while adversely affecting others, or otherwise has the direct
and consistent effect of law, it is a rule.28
Rulemaking authority is delegated by the Legislature29 by law authorizing an agency to “adopt, develop,
establish, or otherwise create”30 a rule. Agencies do not have discretion whether to engage in
rulemaking.31 To adopt a rule an agency must have an express grant of authority to implement a
specific law by rulemaking.32 The grant of rulemaking authority itself need not be specific or detailed.33
The particular statute being interpreted or implemented through rulemaking must provide specific
standards and guidelines to preclude the administrative agency from exercising unbridled discretion in
creating policy or applying the law.34 A delegation of authority to an administrative agency by a law that
is vague, uncertain, or so broad as to give no notice of what actions would violate the law, could be
ruled unconstitutional if it allows the agency to make the law.35 Because of this constitutional limitation
on delegated rulemaking, the Legislature must provide minimal standards and guidelines in the law
creating a program to provide for its proper administration by the assigned executive agency. The
Legislature may delegate rulemaking authority to agencies but not the authority to determine what
should be the law.36
Effect of the Bill
The bill creates the Purple Star Campus Program to support military-connected children. Specifically,
the bill:
Defines a military student as a student enrolled in a school district, charter school, or a school or
institution participating in a Florida educational choice scholarship program, who is a dependent
26
S. 120.52(16), F.S.; Florida Dep’t of Fin.l Servs. v. Capital Collateral Reg’l Counsel-Middle Region, 969 So. 2d 527, 530 (Fla. 1st
DCA 2007).
27
Dep’t of Admin. v. Harvey, 356 So. 2d 323, 325 (Fla. 1st DCA 1977)
28
McDonald v. Dep't of Banking & Fin., 346 So. 2d 569, 581 (Fla. 1st DCA 1977), articulated this principle subsequently cited in
numerous cases. See State of Florida, Dep’t of Admin. v. Stevens, 344 So. 2d 290 (Fla. 1st DCA 1977); Dep’t of Admin. v. Harvey, 356
So. 2d 323 (Fla. 1st DCA 1977); Balsam v. Dep’t of Health & Rehab. Servs., 452 So. 2d 976, 977–978 (Fla. 1st DCA 1984); Dep’t of
Transp. v. Blackhawk Quarry Co., 528 So. 2d 447, 450 (Fla. 5th DCA 1988), rev. den. 536 So. 2d 243 (Fla. 1988); Dep’t of Natural
Res. v. Wingfield, 581 So. 2d 193, 196 (Fla. 1st DCA 1991); Dep’t of Revenue v. Vanjaria Enterprises, Inc., 675 So. 2d 252, 255 (Fla.
5th DCA 1996); Volusia County School Board v. Volusia Homes Builders Ass’n, 946 So. 2d 1084 (Fla. 5th DCA 2007); Florida Dep’t
of Financial Servs. v. Capital Collateral Reg’l Counsel, 969 So. 2d 527 (Fla. 1st DCA 2007); Coventry First, LLC v. State of Florida,
Office of Ins. Reg., 38 So. 3d 200 (Fla. 1st DCA 2010).
29
SW. Florida Water Mgmt. Dist. v. Save the Manatee Club, Inc., 773 So. 2d 594 (Fla. 1st DCA 2000).
30
S. 120.52(17), F.S.
31
S. 120.54(1)(a), F.S.
32
Ss. 120.52(8) & 120.536(1), F.S.
33
Save the Manatee Club, Inc., 773 So. 2d at 599.
34
Sloban v. Florida Bd. of Pharmacy, 982 So. 2d 26, 29-30 (Fla. 1st DCA 2008); Askew v. Cross Keys Waterways, 372 So. 2d 913,
918-919 (Fla. 1978); Board of Trustees of the Internal Improvement Trust Fund v. Day Cruise Ass’n, 794 So. 2d 696, 704 (Fla. 1st
DCA 2001).
35
Conner v. Joe Hatton, Inc., 216 So. 2d 209 (Fla.1968).
36
Sarasota County. v. Barg, 302 So. 2d 737 (Fla. 1974).
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of either an active-duty member or a former member of the United States Army, Navy, Air
Force, Marine Corps, or Coast Guard, a reserve component of any of these branches of the
military, or the Florida National Guard.
Requires the Department of Education (DOE) to establish the program and requires a
participating school, at a minimum, to:
o designate a staff member as a military liaison;
o maintain a webpage on the school’s website which includes resources for military
students and families;
o maintain a student-led transition program that assists military students in transitioning
into the school;
o offer professional development training opportunities for staff members on issues
relating to military students; and
o reserve at least five percent of open enrollment seats for military-connected students.
The DOE is authorized to establish additional criteria to identify schools that demonstrate a
commitment to or provide critical transition supports for military-connected families, such as:
hosting an annual military recognition event;
partnering with a school liaison from a military installation;
supporting projects connecting the school with the military community; or
providing outreach for military parents and their children.
The bill authorizes a school to partner with a school district to procure digital, professional development,
or other assistance as necessary to implement the criteria of the program.
The bill requires the State Board of Education to adopt rules to implement the program.
B. SECTION DIRECTORY:
Section 1. Creates s. 1003.051, F.S., defining the term "military student"; requiring the Department of
Education to establish the Purple Star Campus program; specifying program criteria for participating
schools; authorizing schools to partner with school districts to meet such criteria; requiring the State
Board of Education to adopt rules.
Section 2. Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expendi