Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1620
Barcode 541934
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/26/2011 .
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The Committee on Budget (Flores) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1002.321, Florida Statutes, is created
6 to read:
7 1002.321 Digital learning.—
8 (1) DIGITAL LEARNING NOW.—There is created the “Digital
9 Learning Now Act.”
10 (2) ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.—The
11 Legislature finds that each student should have access to a
12 high-quality digital learning environment that provides:
13 (a) Access to digital learning.
14 (b) Access to high-quality digital content and online
15 courses.
16 (c) Education that is customized to the needs of the
17 student using digital content.
18 (d) A means for the student to demonstrate competency in
19 completed coursework.
20 (e) High-quality digital content, instructional materials,
21 and online and blended learning courses.
22 (f) High-quality digital instruction and teachers.
23 (g) Content and instruction that are evaluated on the
24 metric of student learning.
25 (h) The use of funding as an incentive for performance,
26 options, and innovation.
27 (i) Infrastructure that supports digital learning.
28 (j) Online administration of state assessments.
29 (3) DIGITAL PREPARATION.—Each student must graduate from
30 high school having taken at least one online course, as provided
31 in s. 1003.428.
32 (4) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
33 must establish multiple opportunities for student participation
34 in part-time and full-time kindergarten through grade 12 virtual
35 instruction. Options include, but are not limited to:
36 (a) School district operated part-time or full-time virtual
37 instruction programs under s. 1002.45(1)(b) for kindergarten
38 through grade 12 students enrolled in the school district. A
39 full-time program shall operate under its own Master School
40 Identification Number.
41 (b) Florida Virtual School instructional services
42 authorized under s. 1002.37.
43 (c) Blended learning instruction provided by charter
44 schools authorized under s. 1002.33.
45 (d) Full-time virtual charter school instruction authorized
46 under s. 1002.33.
47 (e) Courses delivered in the traditional school setting by
48 personnel providing direct instruction through a virtual
49 environment or though a blended virtual and physical environment
50 pursuant to s. 1003.498.
51 (f) Virtual courses offered in the course code directory to
52 students within the school district or to students in other
53 school districts throughout the state pursuant to s. 1003.498.
54 Section 2. Subsection (1), paragraph (a) of subsection (6),
55 subsection (7), and paragraph (a) of subsection (20) of section
56 1002.33, Florida Statutes, are amended, and paragraph (f) is
57 added to subsection (17) of that section, to read:
58 1002.33 Charter schools.—
59 (1) AUTHORIZATION.—Charter schools shall be part of the
60 state’s program of public education. All charter schools in
61 Florida are public schools. A charter school may be formed by
62 creating a new school or converting an existing public school to
63 charter status. A charter school may operate a virtual charter
64 school pursuant to s. 1002.45(1)(d) to provide full-time online
65 instruction to eligible students, pursuant to s. 1002.455, in
66 kindergarten through grade 12. A charter school must amend its
67 charter or submit a new application pursuant to subsection (6)
68 to become a virtual charter school. A virtual charter school is
69 subject to the requirements of this section; however, virtual
70 charter schools are exempt from subsections (18) and (19),
71 subparagraphs (20)(a)2.-5. and paragraph (20)(c), and s.
72 1003.03. A public school may not use the term charter in its
73 name unless it has been approved under this section.
74 (6) APPLICATION PROCESS AND REVIEW.—Charter school
75 applications are subject to the following requirements:
76 (a) A person or entity wishing to open a charter school
77 shall prepare and submit an application on a model application
78 form prepared by the Department of Education which:
79 1. Demonstrates how the school will use the guiding
80 principles and meet the statutorily defined purpose of a charter
81 school.
82 2. Provides a detailed curriculum plan that illustrates how
83 students will be provided services to attain the Sunshine State
84 Standards.
85 3. Contains goals and objectives for improving student
86 learning and measuring that improvement. These goals and
87 objectives must indicate how much academic improvement students
88 are expected to show each year, how success will be evaluated,
89 and the specific results to be attained through instruction.
90 4. Describes the reading curriculum and differentiated
91 strategies that will be used for students reading at grade level
92 or higher and a separate curriculum and strategies for students
93 who are reading below grade level. A sponsor shall deny a
94 charter if the school does not propose a reading curriculum that
95 is consistent with effective teaching strategies that are
96 grounded in scientifically based reading research.
97 5. Contains an annual financial plan for each year
98 requested by the charter for operation of the school for up to 5
99 years. This plan must contain anticipated fund balances based on
100 revenue projections, a spending plan based on projected revenues
101 and expenses, and a description of controls that will safeguard
102 finances and projected enrollment trends.
103 6. Documents that the applicant has participated in the
104 training required in subparagraph (f)2. A sponsor may require an
105 applicant to provide additional information as an addendum to
106 the charter school application described in this paragraph.
107 7. For the establishment of a virtual charter school,
108 documents that the applicant has contracted with a provider of
109 virtual instruction services pursuant to s. 1002.45(1)(d).
110 (7) CHARTER.—The major issues involving the operation of a
111 charter school shall be considered in advance and written into
112 the charter. The charter shall be signed by the governing board
113 body of the charter school and the sponsor, following a public
114 hearing to ensure community input.
115 (a) The charter shall address and criteria for approval of
116 the charter shall be based on:
117 1. The school’s mission, the students to be served, and the
118 ages and grades to be included.
119 2. The focus of the curriculum, the instructional methods
120 to be used, any distinctive instructional techniques to be
121 employed, and identification and acquisition of appropriate
122 technologies needed to improve educational and administrative
123 performance which include a means for promoting safe, ethical,
124 and appropriate uses of technology which comply with legal and
125 professional standards.
126 a. The charter shall ensure that reading is a primary focus
127 of the curriculum and that resources are provided to identify
128 and provide specialized instruction for students who are reading
129 below grade level. The curriculum and instructional strategies
130 for reading must be consistent with the Sunshine State Standards
131 and grounded in scientifically based reading research.
132 b. In order to provide students with access to diverse
133 instructional delivery models, to facilitate the integration of
134 technology within traditional classroom instruction, and to
135 provide students with the skills they need to compete in the
136 21st century economy, the Legislature encourages instructional
137 methods for blended learning courses consisting of both
138 traditional classroom and online instructional techniques.
139 Charter schools may implement blended learning courses which
140 combine traditional classroom instruction and virtual
141 instruction. Students of a blended learning course must be full
142 time students of the charter school and receive the online
143 instruction in a classroom setting at the charter school.
144 Instructional personnel certified pursuant to s. 1012.55 who
145 provide virtual instruction for blended learning courses may be
146 employees of the charter school or may be under contract to
147 provide instructional services to charter school students. At a
148 minimum, such instructional personnel must hold an active
149 Florida state or school district adjunct certification under s.
150 1012.57 for the subject area of the blended learning course. The
151 funding and performance accountability requirements for blended
152 learning courses are the same as those for traditional courses.
153 3. The current incoming baseline standard of student
154 academic achievement, the outcomes to be achieved, and the
155 method of measurement that will be used. The criteria listed in
156 this subparagraph shall include a detailed description of:
157 a. How the baseline student academic achievement levels and
158 prior rates of academic progress will be established.
159 b. How these baseline rates will be compared to rates of
160 academic progress achieved by these same students while
161 attending the charter school.
162 c. To the extent possible, how these rates of progress will
163 be evaluated and compared with rates of progress of other
164 closely comparable student populations.
165
166 The district school board is required to provide academic
167 student performance data to charter schools for each of their
168 students coming from the district school system, as well as
169 rates of academic progress of comparable student populations in
170 the district school system.
171 4. The methods used to identify the educational strengths
172 and needs of students and how well educational goals and
173 performance standards are met by students attending the charter
174 school. The methods shall provide a means for the charter school
175 to ensure accountability to its constituents by analyzing
176 student performance data and by evaluating the effectiveness and
177 efficiency of its major educational programs. Students in
178 charter schools shall, at a minimum, participate in the
179 statewide assessment program created under s. 1008.22.
180 5. In secondary charter schools, a method for determining
181 that a student has satisfied the requirements for graduation in
182 s. 1003.43.
183 6. A method for resolving conflicts between the governing
184 board body of the charter school and the sponsor.
185 7. The admissions procedures and dismissal procedures,
186 including the school’s code of student conduct.
187 8. The ways by which the school will achieve a
188 racial/ethnic balance reflective of the community it serves or
189 within the racial/ethnic range of other public schools in the
190 same school district.
191 9. The financial and administrative management of the
192 school, including a reasonable demonstration of the professional
193 experience or competence of those individuals or organizations
194 applying to operate the charter school or those hired or
195 retained to perform such professional services and the
196 description of clearly delineated responsibilities and the
197 policies and practices needed to effectively manage the charter
198 school. A description of internal audit procedures and
199 establishment of controls to ensure that financial resources are
200 properly managed must be included. Both public sector and
201 private sector professional experience shall be equally valid in
202 such a consideration.
203 10. The asset and liability projections required in the
204 application which are incorporated into the charter and shall be
205 compared with information provided in the annual report of the
206 charter school.
207 11. A description of procedures that identify various risks
208 and provide for a comprehensive approach to reduce the impact of
209 losses; plans to ensure the safety and security of students and
210 staff; plans to identify, minimize, and protect others from
211 violent or disruptive student behavior; and the manner in which
212 the school will be insured, including whether or not the school
213 will be required to have liability insurance, and, if so, the
214 terms and conditions thereof and the amounts of coverage.
215 12. The term of the charter which shall provide for
216 cancellation of the charter if insufficient progress has been
217 made in attaining the student achievement objectives of the
218 charter and if it is not likely that such objectives can be
219 achieved before expiration of the charter. The initial term of a
220 charter shall be for 4 or 5 years. In order to facilitate access
221 to long-term financial resources for charter school
222 construction, charter schools that are operated by a
223 municipality or other public entity as provided by law are
224 eligible for up to a 15-year charter, subject to approval by the
225 district school board. A charter lab school is eligible for a
226 charter for a term of up to 15 years. In addition, to facilitate
227 access to long-term financial resources for charter school
228 construction, charter schools that are operated by a private,
229 not-for-profit, s. 501(c)(3) status corporation are eligible for
230 up to a 15-year charter, subject to approval by the district
231 school board. Such long-term charters remain subject to annual
232 review and may be terminated during the term of the charter, but
233 only according to the provisions set forth in subsection (8).
234 13. The facilities to be used and their location.
235 14. The qualifications to be required of the teachers and
236 the potential strategies used to recruit, hire, train, and
237 retain qualified staff to achieve best value.
238 15. The governance structure of the school, including the
239 status of the charter school as a public or private employer as
240 required in paragraph (12)(i).
241 16. A timetable for implementing the charter which
242 addresses the implementation of each element thereof and the
243 date by which the charter shall be awarded in order to meet this
244 timetable.
245 17. In the case of an existing public school that is being
246 converted to charter status, alternative arrangements for
247 current students who choose not to attend the charter school and
248 for current teachers who choose not to teach in the charter
249 school after conversion in accordance with the existing
250 collective bargaining agreement or district school board rule in
251 the absence of a collective bargaining agreement. However,
252 alternative arrangements shall not be required for current
253 teachers who choose not to teach in a charter lab school, except
254 as authorized by the employment policies of the state university
255 which grants the charter to the lab school.
256 18. Full disclosure of the identity of all relatives
257 employed by the charter school who are related to the charter
258 school owner, president, chairperson of the governing board of
259 directors, superintendent, governing board member, principal,
260 assistant principal, or any other person employed by the charter
261 school who has equivalent decisionmaking authority. For the
262 purpose of this subparagraph, the term “relative” means father,
263 mother, son, daughter, brother, sister, uncle, aunt, first
264 cousin, nephew, niece, husband, wife, father-in-law, mother-in
265 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
266 stepfather, stepmother, stepson, stepdaughter, stepbrother,
267 stepsister, half brother, or half sister.
268 (b)1. A charter may be renewed provided that a program
269 review demonstrates that the criteria in paragraph (a) have been
270 successfully accomplished and that none of the grounds for
271 nonrenewal established by paragraph (8)(a) has been documented.
272 In order to facilitate long-term financing for charter school
273 construction, charter schools operating for a minimum of 3 years
274 and demonstrating exemplary academic programming and fiscal
275 management are eligible for a 15-year charter renewal. Such
276 long-term charter is subject to annual review and may be
277 terminated during the term of the charter.
278 2. The 15-year charter renewal that may be granted pursuant
279 to subparagraph 1. shall be granted to a charter school that has
280 received a school grade of “A” or “B” pursuant to s. 1008.34 in
281 3 of the past 4 years and is not in a state of financial
282 emergency or deficit position as defined by this section. Such
283 long-term charter is subject to annual review and may be
284 terminated during the term of the charter pursuant to subsection
285 (8).
286 (c) A charter may be modified during its initial term or
287 any renewal term upon the recommendation of the sponsor or the
288 charter school governing board and the approval of both parties
289 to the agreement.
290 (17) FUNDING.—Students enrolled in a charter school,
291 regardless of the sponsorship, shall be funded as if they are in
292 a basic program or a special program, the same as students
293 enrolled in other public schools in the school district. Funding
294 for a charter lab school shall be as provided in s. 1002.32.
295 (f) Funding for a virtual charter school shall be as
296 provided in s. 1002.45(7).
297 (20) SERVICES.—
298 (a)1. A sponsor shall provide certain administrative and
299 educational services to charter schools. These services shall
300 include contract management services; full-time equivalent and
301 data reporting services; exceptional student education
302 administration services; services related to eligibility and
303 reporting duties required to ensure that school lunch services
304 under the federal lunch program, consistent with the needs of
305 the charter school, are provided by the school district at the
306 request of the charter school, that any funds due to the charter
307 school under the federal lunch program be paid to the charter
308 school as soon as the charter school begins serving food under
309 the federal lunch program, and that the charter school is paid
310 at the same time and in the same manner under the federal lunch
311 program as other public schools serviced by the sponsor or the
312 school district; test administration services, including payment
313 of the costs of state-required or district-required student
314 assessments; processing of teacher certificate data services;
315 and information services, including equal access to student
316 information systems that are used by public schools in the
317 district in which the charter school is located. Student
318 performance data for each student in a charter school,
319 including, but not limited to, FCAT scores, standardized test
320 scores, previous public school student report cards, and student
321 performance measures, shall be provided by the sponsor to a
322 charter school in the same manner provided to other public
323 schools in the district.
324 2. A total administrative fee for the provision of such
325 services shall be calculated based upon up to 5 percent of the
326 available funds defined in paragraph (17)(b) for all students.
327 However, a sponsor may only withhold up to a 5-percent
328 administrative fee for enrollment for up to and including 250
329 students. For charter schools with a population of 251 or more
330 students, the difference between the total administrative fee
331 calculation and the amount of the administrative fee withheld
332 may only be used for capital outlay purposes specified in s.
333 1013.62(2).
334 3. In addition, a sponsor may withhold only up to a 5
335 percent administrative fee for enrollment for up to and
336 including 500 students within a system of charter schools which
337 meets all of the following:
338 a. Includes both conversion charter schools and
339 nonconversion charter schools;
340 b. Has all schools located in the same county;
341 c. Has a total enrollment exceeding the total enrollment of
342 at least one school district in the state;
343 d. Has the same governing board; and
344 e. Does not contract with a for-profit service provider for
345 management of school operations.
346 4. The difference between the total administrative fee
347 calculation and the amount of the administrative fee withheld
348 pursuant to subparagraph 3. may be used for instructional and
349 administrative purposes as well as for capital outlay purposes
350 specified in s. 1013.62(2).
351 5. Each charter school shall receive 100 percent of the
352 funds awarded to that school pursuant to s. 1012.225. Sponsors
353 shall not charge charter schools any additional fees or
354 surcharges for administrative and educational services in
355 addition to the maximum 5-percent administrative fee withheld
356 pursuant to this paragraph.
357 6. The sponsor of a virtual charter school may withhold a
358 fee of up to 5 percent. The funds shall be used to cover the
359 cost of services provided under subparagraph (a)1. and for the
360 school district’s local instructional improvement system
361 pursuant to s. 1006.281 or other technological tools that are
362 required to access electronic and digital instructional
363 materials.
364 Section 3. Paragraph (a) of subsection (3) of section
365 1002.37, Florida Statutes, is amended, and subsections (8), (9),
366 (10), and (11) are added to that section, to read:
367 1002.37 The Florida Virtual School.—
368 (3) Funding for the Florida Virtual School shall be
369 provided as follows:
370 (a)1. For a student in grades 9 through 12, a “full-time
371 equivalent student” for the Florida Virtual School is one
372 student who has successfully completed six full-credit courses
373 credits that shall count toward the minimum number of credits
374 required for high school graduation. A student who completes
375 fewer less than six full-credit courses is credits shall be a
376 fraction of a full-time equivalent student. Half-credit course
377 completions shall be included in determining a full-time
378 equivalent student. Credit completed by a student in excess of
379 the minimum required for that student for high school graduation
380 is not eligible for funding.
381 2. For a student in kindergarten through grade 8, a “full
382 time equivalent student” is one student who has successfully
383 completed six courses or the prescribed level of content that
384 counts toward promotion to the next grade. A student who
385 completes fewer than six courses or the prescribed level of
386 content shall be a fraction of a full-time equivalent student.
387 3. Beginning in the 2014-2015 fiscal year, when s.
388 1008.22(3)(g) is implemented, the reported full-time equivalent
389 students and associated funding of students enrolled in courses
390 requiring passage of an end-of-course assessment shall be
391 adjusted after the student completes the end-of-course
392 assessment. However, no adjustment shall be made for home
393 education program students who choose not to take an end-of
394 course assessment.
395
396 For purposes of this paragraph, the calculation of “full-time
397 equivalent student” shall be as prescribed in s.
398 1011.61(1)(c)1.b.(V).
399 (8)(a) The Florida Virtual School may provide full-time
400 instruction for students in kindergarten through grade 12 and
401 part-time instruction for students in grades 4 through 12. Part
402 time instruction for grades 4 and 5 may be provided only to
403 public school students taking grade 6 through grade 8 courses.
404 (b) For students receiving part-time instruction in grades
405 4 and 5 and students receiving full-time instruction in
406 kindergarten through grade 12 from the Florida Virtual School,
407 the combined total of all FTE reported by both the school
408 district and the Florida Virtual School may not exceed 1.0 FTE.
409 (9) Elementary school principals must notify all parents of
410 students who score level 4 or level 5 on FCAT Reading or FCAT
411 Mathematics of the option for the student to take accelerated
412 courses through the Florida Virtual School.
413 (10)(a) Public school students receiving full-time
414 instruction in kindergarten through grade 12 by the Florida
415 Virtual School must take all statewide assessments required
416 pursuant to s. 1008.22.
417 (b) Public school students receiving part-time instruction
418 by the Florida Virtual School in courses requiring statewide
419 end-of-course assessments must take all statewide end-of-course
420 assessments required pursuant to s. 1008.22(3)(c)2.
421 (c) All statewide assessments must be taken within the
422 school district in which the student resides. School districts
423 must provide the student with access to the district’s testing
424 facilities.
425 (11) The Florida Virtual School shall receive a school
426 grade pursuant to s. 1008.34 for students receiving full-time
427 instruction.
428 Section 4. Subsections (1), (2) and (3), paragraph (a) of
429 subsection (4), subsections (5), (6), and (7), paragraphs (a)
430 and (d) of subsection (8), and subsection (11) of section
431 1002.45, Florida Statutes, are amended to read:
432 1002.45 School district Virtual instruction programs.—
433 (1) PROGRAM.—
434 (a) For purposes of this section, the term:
435 1. “Approved provider” means a provider that is approved by
436 the Department of Education under subsection (2), the Florida
437 Virtual School, a franchise of the Florida Virtual School, or a
438 community college.
439 2. “Virtual instruction program” means a program of
440 instruction provided in an interactive learning environment
441 created through technology in which students are separated from
442 their teachers by time or space, or both, and in which a
443 Florida-certified teacher under chapter 1012 is responsible for
444 at least:
445 a. Fifty percent of the direct instruction to students in
446 kindergarten through grade 5; or
447 b. Eighty percent of the direct instruction to students in
448 grades 6 through 12.
449 (b) Beginning with the 2009-2010 school year, Each school
450 district shall provide all enrolled public school eligible
451 students within its boundaries multiple opportunities for
452 participation the option of participating in part-time and full
453 time a virtual instruction program options. Each school district
454 must provide at least three virtual instruction options and
455 provide parents with timely written notification of an open
456 enrollment period for full-time students of at least 90 days
457 that ends no later than 30 days prior to the first day of the
458 school year. The purpose of the program is to make quality
459 virtual instruction available to students using online and
460 distance learning technology in the nontraditional classroom. A
461 school district virtual instruction The program shall provide
462 the following be:
463 1. Full-time virtual instruction for students enrolled in
464 kindergarten through grade 12.
465 2. Full-time or Part-time virtual instruction for students
466 enrolled in grades 9 through 12 courses that are measured
467 pursuant to subparagraph (8)(a)2.
468 3. Full-time or part-time virtual instruction for students
469 who are enrolled in dropout prevention and academic intervention
470 programs under s. 1003.53, Department of Juvenile Justice
471 education programs under s. 1003.52, core-curricula courses to
472 meet class size requirements under s. 1003.03, or community
473 colleges under this section.
474 (c) To provide students with the option of participating in
475 virtual instruction programs as required by paragraph (b), a
476 school district may:
477 1. Contract with the Florida Virtual School or establish a
478 franchise of the Florida Virtual School for the provision of a
479 program under paragraph (b). Using this option is subject to the
480 requirements of this section and s. 1011.61(1)(c)1.b.(III) and
481 (IV).
482 2. Contract with an approved provider under subsection (2)
483 for the provision of a full-time program under subparagraph
484 (b)1. or subparagraph (b)3. or a full-time or part-time program
485 under subparagraph (b)2. or subparagraph (b)3.
486 3. Enter into an agreement with other another school
487 districts district to allow the participation of its students in
488 an approved virtual instruction program provided by the other
489 school district. The agreement must indicate a process for the
490 transfer of funds required by paragraph (7)(b).
491 4. Establish district operated part-time or full-time
492 kindergarten through grade 12 virtual instruction programs under
493 paragraph (b) for students enrolled in the school district. A
494 full-time program shall operate under its own Master School
495 Identification Number.
496 5. Enter into an agreement with a virtual charter school
497 authorized by the school district pursuant to s. 1002.33.
498
499 Contracts under subparagraph 1. or subparagraph 2. may include
500 multidistrict contractual arrangements that may be executed by a
501 regional consortium for its member districts. A multidistrict
502 contractual arrangement or an agreement under subparagraph 3. is
503 not subject to s. 1001.42(4)(d) and does not require the
504 participating school districts to be contiguous. These
505 arrangements may be used to fulfill the requirements of
506 paragraph (b).
507 (d) A virtual charter school may provide full-time virtual
508 instruction for students in kindergarten through grade 12 if the
509 virtual charter school has a charter approved pursuant to s.
510 1002.33 authorizing full-time virtual instruction. A virtual
511 charter school may:
512 1. Contract with the Florida Virtual School.
513 2. Contract with an approved provider under subsection (2).
514 3. Enter into an a joint agreement with the school
515 districts to allow the participation of its students district in
516 which it is located for the charter school’s students to
517 participate in a the school district’s virtual instruction
518 program. The agreement must indicate a process for reporting of
519 student enrollment and the transfer of funds required by
520 paragraph (7)(f).
521 (e) Each school district shall:
522 1. Provide to the department by October 1, 2011, and by
523 each October 1 thereafter, a copy of each contract and the
524 amounts paid per unweighted full-time equivalent student for
525 services procured pursuant to subparagraphs (c)1. and 2.
526 2. Expend the difference in funds provided for a student
527 participating in the school district virtual instruction program
528 pursuant to subsection (7) and the price paid for contracted
529 services procured pursuant to subparagraphs (c)1. and 2. for the
530 district’s local instructional improvement system pursuant to s.
531 1006.281 or other technological tools that are required to
532 access electronic and digital instructional materials.
533 3. At the end of each fiscal year, but no later than
534 September 1, report to the department an itemized listing of the
535 technological tools purchased with these funds.
536 (2) PROVIDER QUALIFICATIONS.—
537 (a) The department shall annually publish online provide
538 school districts with a list of providers approved to offer
539 virtual instruction programs. To be approved by the department,
540 a provider must document that it:
541 1. Is nonsectarian in its programs, admission policies,
542 employment practices, and operations;
543 2. Complies with the antidiscrimination provisions of s.
544 1000.05;
545 3. Locates an administrative office or offices in this
546 state, requires its administrative staff to be state residents,
547 requires all instructional staff to be Florida-certified
548 teachers under chapter 1012, and conducts background screenings
549 for all employees or contracted personnel, as required by s.
550 1012.32, using state and national criminal history records;
551 4. Possesses prior, successful experience offering online
552 courses to elementary, middle, or high school students as
553 demonstrated by quantified student learning gains in each
554 subject area and grade level provided for consideration as an
555 instructional program option;
556 5. Is accredited by a regional accrediting association as
557 defined by State Board of Education rule; the Southern
558 Association of Colleges and Schools Council on Accreditation and
559 School Improvement, the North Central Association Commission on
560 Accreditation and School Improvement, the Middle States
561 Association of Colleges and Schools Commission on Elementary
562 Schools and Commission on Secondary Schools, the New England
563 Association of Schools and Colleges, the Northwest Association
564 of Accredited Schools, the Western Association of Schools and
565 Colleges, or the Commission on International and Trans-Regional
566 Accreditation; and
567 6. Ensures instructional and curricular quality through a
568 detailed curriculum and student performance accountability plan
569 that addresses every subject and grade level it intends to
570 provide through contract with the school district, including:
571 a. Courses and programs that meet the standards of the
572 International Association for K-12 Online Learning and the
573 Southern Regional Education Board.
574 b. Instructional content and services that align with, and
575 measure student attainment of, student proficiency in the Next
576 Generation Sunshine State Standards.
577 c. Mechanisms that determine and ensure that a student has
578 satisfied requirements for grade level promotion and high school
579 graduation with a standard diploma, as appropriate;
580 7. Publishes for the general public, in accordance with
581 disclosure requirements adopted in rule by the State Board of
582 Education, as part of its application as a provider and in all
583 contracts negotiated pursuant to this section:
584 a. Information and data about the curriculum of each full
585 time and part-time program.
586 b. School policies and procedures.
587 c. Certification status and physical location of all
588 administrative and instructional personnel.
589 d. Hours and times of availability of instructional
590 personnel.
591 e. Student-teacher ratios.
592 f. Student completion and promotion rates.
593 g. Student, educator, and school performance accountability
594 outcomes; and
595 8.6. If the provider is a community college, employs
596 instructors who meet the certification requirements for
597 instructional staff under chapter 1012.
598 (b) An approved provider shall retain its approved status
599 for a period of 3 years after the date of the department’s
600 approval under paragraph (a) as long as the provider continues
601 to comply with all requirements of this section. However, each
602 provider approved by the department for the 2011-2012 school
603 year must reapply for approval to provide a part-time program
604 for students in grades 9 through 12.
605 (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
606 REQUIREMENTS.—Each school district virtual instruction program
607 under this section must:
608 (a) Align virtual course curriculum and course content to
609 the Sunshine State Standards under s. 1003.41.
610 (b) Offer instruction that is designed to enable a student
611 to gain proficiency in each virtually delivered course of study.
612 (c) Provide each student enrolled in the program with all
613 the necessary instructional materials.
614 (d) Provide, when appropriate, each full-time student
615 enrolled in the program who qualifies for free or reduced-price
616 school lunches under the National School Lunch Act or is on the
617 direct certification list and who does not have a computer or
618 Internet access in his or her home with:
619 1. All equipment necessary for participants in the school
620 district virtual instruction program, including, but not limited
621 to, a computer, computer monitor, and printer, if a printer is
622 necessary to participate in the program; and
623 2. Access to or reimbursement for all Internet services
624 necessary for online delivery of instruction.
625 (e) Not require tuition or student registration fees.
626 (4) CONTRACT REQUIREMENTS.—Each contract with an approved
627 provider must at minimum:
628 (a) Set forth a detailed curriculum plan that illustrates
629 how students will be provided services and be measured for
630 attainment of to attain proficiency in the Next Generation
631 Sunshine State Standards for each grade level and subject.
632 (5) STUDENT ELIGIBILITY.—A student may enroll in a virtual
633 instruction program provided by the school district or by a
634 virtual charter school operated in the district in which he or
635 she resides if the student meets eligibility requirements for
636 virtual instruction pursuant to s. 1002.455. at least one of the
637 following conditions:
638 (a) The student has spent the prior school year in
639 attendance at a public school in this state and was enrolled and
640 reported by a public school district for funding during the
641 preceding October and February for purposes of the Florida
642 Education Finance Program surveys.
643 (b) The student is a dependent child of a member of the
644 United States Armed Forces who was transferred within the last
645 12 months to this state from another state or from a foreign
646 country pursuant to the parent’s permanent change of station
647 orders.
648 (c) The student was enrolled during the prior school year
649 in a school district virtual instruction program under this
650 section or a K-8 Virtual School Program under s. 1002.415.
651 (d) The student has a sibling who is currently enrolled in
652 a school district virtual instruction program and that sibling
653 was enrolled in such program at the end of the prior school
654 year.
655 (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
656 enrolled in a school district virtual instruction program or
657 virtual charter school must:
658 (a) Comply with the compulsory attendance requirements of
659 s. 1003.21. Student attendance must be verified by the school
660 district.
661 (b) Take state assessment tests within the school district
662 in which such student resides, which must provide the student
663 with access to the district’s testing facilities.
664 (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
665 FUNDING.—
666 (a) Students enrolled in a virtual instruction program or a
667 virtual charter school shall be funded through the Florida
668 Education Finance Program as provided in the General
669 Appropriations Act. However, such funds may not be provided for
670 the purpose of fulfilling the class size requirements in ss.
671 1003.03 and 1011.685.
672 (b) For purposes of a school district virtual instruction
673 program or a virtual charter school, “full-time equivalent
674 student” has the same meaning as provided in s.
675 1011.61(1)(c)1.b.(III) or (IV).
676 (c) A “full-time equivalent student” for a student enrolled
677 part-time in a grade 6 through 12 program has the same meaning
678 as provided in s. 1011.61(1)(c)1.b.(IV).
679 (d) A student may not be reported as more than 1.0 full
680 time equivalent student in any given school year.
681 (e) The reported full-time equivalent students and
682 associated funding of students enrolled in courses requiring
683 passage of an end-of-course assessment shall be adjusted after
684 the student completes the end-of-course assessment.
685 (f)(b) The school district in which the student resides
686 shall report full-time equivalent students for a the school
687 district virtual instruction program or a virtual charter school
688 to the department in a manner prescribed by the department, and
689 funding shall be provided through the Florida Education Finance
690 Program. Funds received by the school district of residence for
691 a student in a virtual instruction program provided by another
692 school district under this section shall be transferred to the
693 school district providing the virtual instruction program.
694 (g)(c) A community college provider may not report students
695 who are served in a school district virtual instruction program
696 for funding under the Community College Program Fund.
697 (8) ASSESSMENT AND ACCOUNTABILITY.—
698 (a) Each approved provider contracted under this section
699 must:
700 1. Participate in the statewide assessment program under s.
701 1008.22 and in the state’s education performance accountability
702 system under s. 1008.31.
703 2. Receive a school grade under s. 1008.34 or a school
704 improvement rating under s. 1008.341, as applicable. The school
705 grade or school improvement rating received by each approved
706 provider shall be based upon the aggregated assessment scores of
707 all students served by the provider statewide. The department
708 shall publish the school grade or school improvement rating
709 received by each approved provider on its Internet website. The
710 department shall develop an evaluation method for providers of
711 part-time programs which includes the percentage of students
712 making learning gains, the percentage of students successfully
713 passing any required end-of-course assessment, the percentage of
714 students taking Advanced Placement examinations, and the
715 percentage of students scoring 3 or higher on an Advanced
716 Placement examination.
717 (d) An approved provider’s contract must be terminated if
718 the provider receives a school grade of “D” or “F” under s.
719 1008.34 or a school improvement rating of “Declining” under s.
720 1008.341 for 2 years during any consecutive 4-year period or has
721 violated any qualification requirement pursuant to subsection
722 (2). A provider that has a contract terminated under this
723 paragraph may not be an approved provider for a period of at
724 least 1 year after the date upon which the contract was
725 terminated and until the department determines that the provider
726 is in compliance with subsection (2) and has corrected each
727 cause of the provider’s low performance.
728 (11) RULES.—The State Board of Education shall adopt rules
729 necessary to administer this section, including rules that
730 prescribe disclosure requirements under subsection (2) and
731 school district reporting requirements under subsection (7).
732 Section 5. Section 1002.455, Florida Statutes, is created
733 to read:
734 1002.455 Student eligibility for K-12 virtual instruction.—
735 (1) A student may enroll in virtual instruction in the
736 school district in which he or she resides if the student meets
737 at least one of the following conditions:
738 (a) The student has spent the prior school year in
739 attendance at a public school in the state and was enrolled and
740 reported by a public school district for funding during October
741 and February for purposes of the Florida Education Finance
742 Program surveys;
743 (b) The student is a dependent child of a member of the
744 United States Armed Forces who was transferred within the last
745 12 months to this state from another state or from a foreign
746 country pursuant to the parent’s permanent change of station
747 orders;
748 (c) The student was enrolled during the prior school year
749 in a virtual instruction program under s. 1002.45 or a K-8
750 Virtual School Program under s. 1002.415;
751 (d) The student has a sibling who is currently enrolled in
752 a school district virtual instruction program and that sibling
753 was enrolled in such program at the end of the prior school
754 year; or
755 (e) The student is eligible to enter kindergarten or first
756 grade.
757 (2) The virtual instruction options for which this
758 eligibility section applies include:
759 (a) School district operated part-time or full-time
760 kindergarten through grade 12 virtual instruction programs under
761 s. 1002.45(1)(b) for students enrolled in the school district.
762 (b) Full-time virtual charter school instruction authorized
763 under s. 1002.33.
764 (c) Courses delivered in the traditional school setting by
765 personnel providing direct instruction through a virtual
766 environment or though a blended virtual and physical environment
767 pursuant to s. 1003.498 and as authorized pursuant to s.
768 1002.321(4)(f).
769 (d) Virtual courses offered in the course code directory to
770 students within the school district or to students in other
771 school districts throughout the state pursuant to s. 1003.498.
772 Section 6. Paragraph (c) is added to subsection (2) of
773 section 1003.428, Florida Statutes, to read:
774 1003.428 General requirements for high school graduation;
775 revised.—
776 (2) The 24 credits may be earned through applied,
777 integrated, and combined courses approved by the Department of
778 Education. The 24 credits shall be distributed as follows:
779 (c) Beginning with students entering grade 9 in the 2011
780 2012 school year, at least one course within the 24 credits
781 required in this subsection must be completed through online
782 learning. However, an online course taken during grades 6
783 through 8 fulfills this requirement. This requirement shall be
784 met through an online course offered by the Florida Virtual
785 School, an online course offered by the high school, or an
786 online dual enrollment course offered pursuant to a district
787 interinstitutional articulation agreement pursuant to s.
788 1007.235. A student who is enrolled in a full-time or part-time
789 virtual instruction program under s. 1002.45 meets this
790 requirement.
791 Section 7. Section 1003.498, Florida Statutes, is created
792 to read:
793 1003.498 School district virtual course offerings.—
794 (1) School districts may deliver courses in the traditional
795 school setting by personnel certified pursuant to s. 1012.55 who
796 provide direct instruction through a virtual environment or
797 though a blended virtual and physical environment.
798 (2) School districts may offer virtual courses for students
799 enrolled in the school district. These courses must be
800 identified in the course code directory. Students who meet the
801 eligibility requirements of s. 1002.455 may participate in these
802 virtual course offerings.
803 (a) Any eligible student who is enrolled in a public school
804 district may register and enroll in an online course offered by
805 his or her school district.
806 (b) Any eligible student who is enrolled in a public school
807 district may register and enroll in an online course offered by
808 any other district in the state, except as limited by the
809 following:
810 1. A student may not enroll in courses offered through
811 virtual instruction programs provided pursuant to s. 1002.45.
812 2. A student may not enroll in a virtual course offered by
813 another school district if:
814 a. The course is offered online by the school district in
815 which the student resides; or
816 b. The course is offered in the school in which the student
817 is enrolled. However, a student may enroll in an online course
818 offered by another school district if the school in which the
819 student is enrolled offers the course but the student is unable
820 to schedule the course in his or her school.
821 3. The district in which the student completes the course
822 shall report the student’s completion in that course for funding
823 pursuant to s. 1011.61(1)(c)b.(VI) and the home district shall
824 not report the student for funding for that course.
825
826 For purposes of this paragraph, the combined total of all school
827 district reported FTE may not be reported as more than 1.0 full
828 time equivalent student in any given school year. The Department
829 of Education shall establish procedures to enable interdistrict
830 coordination for the delivery and funding of this online option.
831 Section 8. Paragraph (g) of subsection (3) of section
832 1008.22, Florida Statutes, is amended to read:
833 1008.22 Student assessment program for public schools.—
834 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
835 design and implement a statewide program of educational
836 assessment that provides information for the improvement of the
837 operation and management of the public schools, including
838 schools operating for the purpose of providing educational
839 services to youth in Department of Juvenile Justice programs.
840 The commissioner may enter into contracts for the continued
841 administration of the assessment, testing, and evaluation
842 programs authorized and funded by the Legislature. Contracts may
843 be initiated in 1 fiscal year and continue into the next and may
844 be paid from the appropriations of either or both fiscal years.
845 The commissioner is authorized to negotiate for the sale or
846 lease of tests, scoring protocols, test scoring services, and
847 related materials developed pursuant to law. Pursuant to the
848 statewide assessment program, the commissioner shall:
849 (g) Beginning with the 2014-2015 school year, all statewide
850 end-of-course assessments shall be administered online. Study
851 the cost and student achievement impact of secondary end-of
852 course assessments, including web-based and performance formats,
853 and report to the Legislature prior to implementation.
854 Section 9. Paragraph (c) of subsection (1) of section
855 1011.61, Florida Statutes, is amended to read:
856 1011.61 Definitions.—Notwithstanding the provisions of s.
857 1000.21, the following terms are defined as follows for the
858 purposes of the Florida Education Finance Program:
859 (1) A “full-time equivalent student” in each program of the
860 district is defined in terms of full-time students and part-time
861 students as follows:
862 (c)1. A “full-time equivalent student” is:
863 a. A full-time student in any one of the programs listed in
864 s. 1011.62(1)(c); or
865 b. A combination of full-time or part-time students in any
866 one of the programs listed in s. 1011.62(1)(c) which is the
867 equivalent of one full-time student based on the following
868 calculations:
869 (I) A full-time student, except a postsecondary or adult
870 student or a senior high school student enrolled in adult
871 education when such courses are required for high school
872 graduation, in a combination of programs listed in s.
873 1011.62(1)(c) shall be a fraction of a full-time equivalent
874 membership in each special program equal to the number of net
875 hours per school year for which he or she is a member, divided
876 by the appropriate number of hours set forth in subparagraph
877 (a)1. or subparagraph (a)2. The difference between that fraction
878 or sum of fractions and the maximum value as set forth in
879 subsection (4) for each full-time student is presumed to be the
880 balance of the student’s time not spent in such special
881 education programs and shall be recorded as time in the
882 appropriate basic program.
883 (II) A prekindergarten handicapped student shall meet the
884 requirements specified for kindergarten students.
885 (III) A full-time equivalent student for students in
886 kindergarten through grade 5 in a school district virtual
887 instruction program under s. 1002.45 or a virtual charter school
888 under s. 1002.33 shall consist of a student who has successfully
889 completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
890 and who is promoted to a higher grade level.
891 (IV) A full-time equivalent student for students in grades
892 6 through 12 in a school district virtual instruction program
893 under s. 1002.45(1)(b)1., and 2., or 3. or a virtual charter
894 school under s. 1002.33 shall consist of six full credit
895 completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
896 3. Credit completions may can be a combination of full-credit
897 courses or half-credit courses either full credits or half
898 credits. Beginning in the 2014-2015 fiscal year, when s.
899 1008.22(3)(g) is implemented, the reported full-time equivalent
900 students and associated funding of students enrolled in courses
901 requiring passage of an end-of-course assessment shall be
902 adjusted after the student completes the end-of-course
903 assessment.
904 (V) A Florida Virtual School full-time equivalent student
905 shall consist of six full credit completions or the prescribed
906 level of content that counts toward promotion to the next grade
907 in the programs listed in s. 1011.62(1)(c)1.a. and b. for
908 kindergarten grades 6 through grade 8 and the programs listed in
909 s. 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
910 may can be a combination of full-credit courses or half-credit
911 courses either full credits or half credits. Beginning in the
912 2014-2015 fiscal year, when s. 1008.22(3)(g) is implemented, the
913 reported full-time equivalent students and associated funding of
914 students enrolled in courses requiring passage of an end-of
915 course assessment shall be adjusted after the student completes
916 the end-of-course assessment.
917 (VI) Each successfully completed full-credit course earned
918 through an online course delivered by a district other than the
919 one in which the student resides shall be calculated as 1/6 FTE.
920 (VII)(VI) Each successfully completed credit earned under
921 the alternative high school course credit requirements
922 authorized in s. 1002.375, which is not reported as a portion of
923 the 900 net hours of instruction pursuant to subparagraph
924 (1)(a)1., shall be calculated as 1/6 FTE.
925 2. A student in membership in a program scheduled for more
926 or less than 180 school days or the equivalent on an hourly
927 basis as specified by rules of the State Board of Education is a
928 fraction of a full-time equivalent membership equal to the
929 number of instructional hours in membership divided by the
930 appropriate number of hours set forth in subparagraph (a)1.;
931 however, for the purposes of this subparagraph, membership in
932 programs scheduled for more than 180 days is limited to students
933 enrolled in juvenile justice education programs and the Florida
934 Virtual School.
935
936 The department shall determine and implement an equitable method
937 of equivalent funding for experimental schools and for schools
938 operating under emergency conditions, which schools have been
939 approved by the department to operate for less than the minimum
940 school day.
941 Section 10. Section 1012.57, Florida Statutes, is amended
942 to read:
943 1012.57 Certification of adjunct educators.—
944 (1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
945 and 1012.56, or any other provision of law or rule to the
946 contrary, district school boards shall adopt rules to allow for
947 the issuance of an adjunct teaching certificate to any applicant
948 who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
949 and who has expertise in the subject area to be taught. An
950 applicant shall be considered to have expertise in the subject
951 area to be taught if the applicant demonstrates sufficient
952 subject area mastery through passage of a subject area test. The
953 adjunct teaching certificate shall be used for part-time
954 teaching positions.
955 (2) The Legislature intends that this section intent of
956 this provision is to allow school districts to tap the wealth of
957 talent and expertise represented in Florida’s citizens who may
958 wish to teach part-time in a Florida public school by permitting
959 school districts to issue adjunct certificates to qualified
960 applicants.
961 (3) Adjunct certificateholders should be used as a strategy
962 to enhance the diversity of course offerings offered to all
963 students. School districts may use the expertise of individuals
964 in the state who wish to provide online instruction to students
965 by issuing adjunct certificates to qualified applicants reduce
966 the teacher shortage; thus, adjunct certificateholders should
967 supplement a school’s instructional staff, not supplant it. Each
968 school principal shall assign an experienced peer mentor to
969 assist the adjunct teaching certificateholder during the
970 certificateholder’s first year of teaching, and an adjunct
971 certificateholder may participate in a district’s new teacher
972 training program. District school boards shall provide the
973 adjunct teaching certificateholder an orientation in classroom
974 management prior to assigning the certificateholder to a school.
975 (4) Each adjunct teaching certificate is valid through the
976 term of the annual contract between the educator and the school
977 district. Additional annual certifications and annual contracts
978 may be awarded by the district at the district’s discretion but
979 only for 5 school years and is renewable if the applicant is
980 rated effective or highly effective under s. 1012.34 has
981 received satisfactory performance evaluations during each year
982 of teaching under adjunct teaching certification.
983 (5)(2) Individuals who are certified and employed under
984 this section shall have the same rights and protection of laws
985 as teachers certified under s. 1012.56.
986 Section 11. By December 1, 2011, the Department of
987 Education shall submit a report to the Governor, the President
988 of the Senate, and the Speaker of the House of Representatives
989 which identifies and explains the best methods and strategies by
990 which the department can assist district school boards in
991 acquiring digital learning at the most reasonable prices
992 possible and provides a plan under which district school boards
993 may voluntarily pool their bids for such purchases. The report
994 shall identify criteria that will enable district school boards
995 to differentiate between the level of service and pricing based
996 upon factors such as the level of student support, the frequency
997 of teacher-student communications, instructional accountability
998 standards, and academic integrity. The report shall also include
999 ways to increase student access to digital learning, including
1000 identification and analysis of the best methods and strategies
1001 for implementing part-time virtual education in kindergarten
1002 through grade 5.
1003 Section 12. This act shall take effect July 1, 2011.
1004
1005 ================= T I T L E A M E N D M E N T ================
1006 And the title is amended as follows:
1007 Delete everything before the enacting clause
1008 and insert:
1009 A bill to be entitled
1010 An act relating to digital learning; creating s.
1011 1002.321, F.S.; creating the “Digital Learning Now
1012 Act”; providing legislative findings related to the
1013 elements to be included in high-quality digital
1014 learning; providing digital preparation requirements;
1015 providing for customized and accelerated learning;
1016 amending s. 1002.33, F.S.; authorizing the
1017 establishment of virtual charter schools; providing
1018 application requirements for establishment of a
1019 virtual charter school; authorizing a charter school
1020 to implement blended learning courses; providing
1021 funding for a virtual charter school; establishing
1022 administrative fees for a virtual charter school;
1023 amending s. 1002.37, F.S.; redefining the term “full
1024 time equivalent student” as it applies to the Florida
1025 Virtual School; providing instruction, funding,
1026 assessment, and accountability requirements; amending
1027 s. 1002.45, F.S.; requiring school districts to
1028 provide all public school students the opportunity to
1029 participate in virtual instruction programs; requiring
1030 school districts to provide full-time and part-time
1031 virtual instruction program options; authorizing a
1032 school district to enter into an agreement with a
1033 charter virtual school to provide virtual instruction
1034 to district students; authorizing virtual charter
1035 school contracts; providing additional provider
1036 qualifications relating to curriculum, student
1037 performance accountability, and disclosure; revising
1038 student eligibility requirements; providing funding
1039 and accountability requirements; creating s. 1002.455,
1040 F.S.; establishing student eligibility requirements
1041 for virtual instruction; amending s. 1003.428, F.S.;
1042 requiring at least one course required for high school
1043 graduation to be completed through online learning;
1044 creating s. 1003.498, F.S.; authorizing school
1045 districts to offer virtual courses and blended
1046 learning courses; amending s. 1008.22, F.S.; requiring
1047 all statewide end-of-course assessments to be
1048 administrated online by the 2014-2015 school year;
1049 amending s. 1011.61, F.S.; redefining the term “full
1050 time equivalent student” for purposes of virtual
1051 instruction; amending s. 1012.57, F.S.; authorizing
1052 school districts to issue adjunct teaching
1053 certificates to individuals to provide online
1054 instruction; revising requirements for adjunct
1055 teaching certificateholders; providing for annual
1056 contracts; requiring the Department of Education to
1057 submit a report to the Governor and the Legislature
1058 relating to school district offering of, and student
1059 access to, digital learning; providing an effective
1060 date.